F & G, Re (Discharge of Special Guardianship Order)

F & G, Re (Discharge of Special Guardianship Order)

As a matter of law, a Special Guardianship Order and a Care Order can coexist under the Children Act 1989, though such circumstances are rare. The judge's refusal to discharge the SGO was based on an incomplete analysis of available options for maintaining K's involvement in the children's lives. The appeal is allowed on the ground that the judge did not fully consider the range of powers available, and the matter is remitted for rehearing.

Parties
Appellant: N; First Respondent: K; Second Respondent: Liverpool City Council; Third and Fourth Respondents: F and G (by their children’s guardian)
Jurisdiction
England and Wales
Judgment Date
30 April 2021
Procedural Posture
Appeal / Appeal From Family Court Decision Refusing to Discharge Special Guardianship Order
Outcome
Appeal allowed on the second ground; matter remitted for rehearing.
Legal Topics
Special Guardianship Order, Care Order, Parental Responsibility, Discharge of Orders, Children's Welfare
Family Law Child Law Special Guardianship Order Care Order Parental Responsibility Discharge of Orders Children's Welfare

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Parties

N

Appellant

K

First Respondent

Liverpool City Council

Second Respondent

F and G (by their children’s guardian)

Third and Fourth Respondents

Procedural Posture

Appeal / Appeal From Family Court Decision Refusing to Discharge Special Guardianship Order

Legal Issues

  1. 1 Whether a Special Guardianship Order (SGO) and a Care Order can lawfully coexist under the Children Act 1989
  2. 2 Whether the judge was wrong to refuse to discharge the SGO in the circumstances of this case
  3. 3 Whether the imposition of a condition on the SGO was wrong in principle or content

Ratio Decidendi

As a matter of law, a Special Guardianship Order and a Care Order can coexist under the Children Act 1989, though such circumstances are rare. The judge's refusal to discharge the SGO was based on an incomplete analysis of available options for maintaining K's involvement in the children's lives. The appeal is allowed on the ground that the judge did not fully consider the range of powers available, and the matter is remitted for rehearing.

Court Disposition

Appeal allowed on the second ground; matter remitted for rehearing.

Orders

  • The question whether to discharge the SGO is remitted to Judge Sharpe for reconsideration.
  • The mother may file an application for leave to apply to discharge the SGO.