WZ (Placement with Grandparents)

WZ (Placement with Grandparents)

The Court found that, although the children had suffered significant harm in their parents’ care, the risks of harm in the care of the Paternal Grandparents were low and manageable with appropriate family and professional support. The Grandparents demonstrated sufficient insight, commitment, and support network to meet the children’s needs. Adoption was not proportionate as nothing else would do; a Special Guardianship Order with a Supervision Order and Prohibited Steps Order against the father was the least interventionist, proportionate, and welfare-promoting option. The Local Authority’s application for a Placement Order was dismissed.

Parties
Applicant: The Local Authority; First Respondent: The Mother; Second Respondent: The Father; Third and Fourth Respondents: The Children ‘W’ and ‘Z’ (through their Guardian); Fifth and Sixth Respondents: The Paternal Grandparents
Jurisdiction
England and Wales
Judgment Date
12 April 2024
Procedural Posture
Family / Final Judgment
Outcome
Local Authority’s application for Placement Order dismissed; Special Guardianship Order made in favour of Paternal Grandparents; Supervision Order for 12 months invited; Prohibited Steps Order against the father; no order as to costs save for detailed assessment of legally aided parties’ public funding certificates;...
Legal Topics
Care Orders, Placement Orders, Special Guardianship Orders, Supervision Orders, Parental Responsibility, Child Welfare, Adoption, Prohibited Steps Orders
Family Law Child Protection Care Orders Placement Orders Special Guardianship Orders Supervision Orders Parental Responsibility Child Welfare +2 more

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Parties

The Local Authority

Applicant

The Mother

First Respondent

The Father

Second Respondent

The Children ‘W’ and ‘Z’ (through their Guardian)

Third and Fourth Respondents

The Paternal Grandparents

Fifth and Sixth Respondents

Procedural Posture

Family / Final Judgment

Legal Issues

  1. 1 Whether the children should be placed with their Paternal Grandparents or adopted
  2. 2 Whether a Care Order, Placement Order, Special Guardianship Order, or Supervision Order is appropriate
  3. 3 Assessment of risks and welfare needs of the children

Ratio Decidendi

The Court found that, although the children had suffered significant harm in their parents’ care, the risks of harm in the care of the Paternal Grandparents were low and manageable with appropriate family and professional support. The Grandparents demonstrated sufficient insight, commitment, and support network to meet the children’s needs. Adoption was not proportionate as nothing else would do; a Special Guardianship Order with a Supervision Order and Prohibited Steps Order against the father was the least interventionist, proportionate, and welfare-promoting option. The Local Authority’s application for a Placement Order was dismissed.

Court Disposition

Local Authority’s application for Placement Order dismissed; Special Guardianship Order made in favour of Paternal Grandparents; Supervision Order for 12 months invited; Prohibited Steps Order against the father; no order as to costs save for detailed assessment of legally aided parties’ public funding certificates;...

Orders

  • Placement Order application dismissed
  • Special Guardianship Order in favour of Paternal Grandparents