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Court of Appeal sets out approach when considering SGOs in care proceedings

Date:4 JUL 2018
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Family analysis: What factors should parties take into consideration in identifying realistic placement options for a child at the start of care proceedings? Sam Momtaz QC and Sharon Segal of 1GC|Family Law examine the Court of Appeal decision in P-S (Children) (care orders) [2018] All ER (D) 118 (Jun) that a Family Court judge had been wrong to make full care orders rather than special guardianship orders (SGOs) in respect of two children.

What was the background?

The case concerned two children who had the same mother but different fathers.

During the proceedings the children were being cared for by family members who were at time of the final hearing not in a position to care for them. Both sets of paternal grandparents were assessed by the local authority positively as special guardians. The local authority filed care plans based upon the recommendations supported by the children’s guardian but opposed by the children’s mother and the father of one child. Neither the local authority nor the paternal grandparents made an application for SGOs with the consequence that the court...

Read the full article here.