B (A Child), Re

B (A Child), Re

The judge was entitled to treat the assessment reports as negative, properly applied section 10(9), weighed all relevant factors including delay, family placement, and merits, and her decision to refuse PGM's joinder was open to her on the evidence.

Parties
Subject: B (A child); Appellant: PGM (grandmother); First Respondent: East Sussex County Council; Second Respondent: Mother; Third Respondent: Father; Fourth Respondent: Child (J)
Jurisdiction
England and Wales
Judgment Date
31 May 2012
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Party Joinder, Care Proceedings, Grandparent Rights, Children Act 1989 Section 10(9), Delay in Proceedings
Family Law Child Welfare Party Joinder Care Proceedings Grandparent Rights Children Act 1989 Section 10(9) Delay in Proceedings

Case Brief

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Parties

B (A child)

Subject

PGM (grandmother)

Appellant

East Sussex County Council

First Respondent

Mother

Second Respondent

Father

Third Respondent

Child (J)

Fourth Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the judge erred in refusing PGM's application to be joined as a party to care proceedings
  2. 2 Proper approach to joinder and leave under section 10(9) Children Act 1989
  3. 3 Weight to be given to family placement and delay

Ratio Decidendi

The judge was entitled to treat the assessment reports as negative, properly applied section 10(9), weighed all relevant factors including delay, family placement, and merits, and her decision to refuse PGM's joinder was open to her on the evidence.

Court Disposition

appeal dismissed