CARE PROCEEDINGS AND THE NEED FOR THE COURT TO DETERMINE THRESHOLD WHEN MAKING A SPECIAL GUARDIANSHIP ORDER

The impetus for this article arises from care proceedings in which I was recently involved resulting in an unopposed SGO being made to the foster carers. I was instructed on behalf of the child who was aged 4 at the time of the final hearing. The background is not important but the threshold issues included Continue reading

A Reminder of the Need to Robustly Stand Up to Judical Pressure and the Important Distinction Between Sections 31 & 38 of the Children Act 1989

Re G (Children: Fair Hearing). [2019] EWCA Civ 126 On the first of these two issues this was a procedural appeal against interim care orders by a mother who stated that she was subjected to improper judicial pressure that led to orders being granted without opposition by her. The appeal was heard by Lord Justice Continue reading

Re W (A Child)[2016] EWCA Civ 793

This case concerns a successful appeal by prospective adopters against a decision to refuse an adoption order and grant an SGO to paternal grandparents and is of interest as the appeal raised the following issues: The approach to be taken in determining a child’s long-term welfare once the child has become settled in a prospective Continue reading