D (A Child), Re [2010] EWMC 19 (FPC) (2010)

D (A Child), Re [2010] EWMC 19 (FPC) (2010)

The court found that D is at risk of significant harm if returned to his parents, and that his welfare is best served by remaining with his maternal grandparents under a Special Guardianship Order, with a Supervision Order to the Local Authority to manage contact arrangements.

Citation
[2010] EWMC 19 (FPC)
Parties
Applicant: X Local Authority; 1st Respondent: Ms P; 2nd Respondent: Mr B; 3rd Respondent: D (a child) through his Children’s Guardian
Jurisdiction
England and Wales
Procedural Posture
Family Proceedings – Application for Supervision Order and Special Guardianship Order / Final Hearing – Judgment and Orders by Consent
Outcome
Application granted by consent; orders made as sought.
Legal Topics
Supervision Order, Special Guardianship Order, Child Welfare, Contact Arrangements, Risk of Significant Harm
Family Law Child Protection Supervision Order Special Guardianship Order Child Welfare Contact Arrangements Risk of Significant Harm

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Parties

X Local Authority

Applicant

Ms P

1st Respondent

Mr B

2nd Respondent

D (a child) through his Children’s Guardian

3rd Respondent

Procedural Posture

Family Proceedings – Application for Supervision Order and Special Guardianship Order / Final Hearing – Judgment and Orders by Consent

Legal Issues

  1. 1 Whether threshold criteria for significant harm are met
  2. 2 Whether Special Guardianship Order and Supervision Order are in the child’s best interests
  3. 3 Appropriateness of contact arrangements

Ratio Decidendi

The court found that D is at risk of significant harm if returned to his parents, and that his welfare is best served by remaining with his maternal grandparents under a Special Guardianship Order, with a Supervision Order to the Local Authority to manage contact arrangements.

Court Disposition

Application granted by consent; orders made as sought.

Orders

  • Special Guardianship Order in respect of D to Mr and Mrs C (maternal grandparents)
  • Supervision Order to X Local Authority for one year