C-D (A Child), Re

C-D (A Child), Re

The judge was entitled to make a care order and a s.91(14) order based on comprehensive professional evidence that a special guardianship order in favour of the maternal aunt was not a viable option, the risks of disruption and harm to the child, and the need for stability. The absence of the aunt as a party did not undermine the fairness of the proceedings. The judge properly considered the welfare checklist and the child’s wishes and feelings.

Parties
Appellant: Mother; Respondent: Local Authority; Respondent: Child’s Guardian; Respondent: Father
Jurisdiction
England and Wales
Judgment Date
08 April 2020
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Care Orders, Special Guardianship Orders, Section 91(14) Orders, Welfare Checklist, Contact Arrangements
Family Law Child Protection Care Orders Special Guardianship Orders Section 91(14) Orders Welfare Checklist Contact Arrangements

Case Brief

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Parties

Mother

Appellant

Local Authority

Respondent

Child’s Guardian

Respondent

Father

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the judge erred in making a care order for the child
  2. 2 Whether the judge erred in making a s.91(14) order restricting further applications
  3. 3 Whether the maternal aunt was denied effective access to justice

Ratio Decidendi

The judge was entitled to make a care order and a s.91(14) order based on comprehensive professional evidence that a special guardianship order in favour of the maternal aunt was not a viable option, the risks of disruption and harm to the child, and the need for stability. The absence of the aunt as a party did not undermine the fairness of the proceedings. The judge properly considered the welfare checklist and the child’s wishes and feelings.

Court Disposition

Appeal dismissed

Orders

  • Final care order affirmed
  • Section 91(14) order affirmed until 18th October 2021