(Court of Appeal, Sir James Munby P, Sir Ernest Ryder, Sales LJ, 18 June 2018)
Public law children – Care orders – Special guardianship orders – Whether the judge was wrong to decline to make special guardianship orders in favour of paternal grandparents before the children had lived with them
The Court of Appeal set aside the care orders and substituted them with special guardianship orders in favour of the grandparents.
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Case No: B4/2017/1062
Neutral Citation Number: [2018] EWCA Civ 1407
IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE CENTRAL FAMILY COURT
His Honour Judge Tolson QC
ZC16C00002
Royal Courts of Justice
Strand, London, WC2A 2LL
Date: 18/06/2018
Before:
SIR JAMES MUNBY, PRESIDENT OF THE FAMILY DIVISION
SIR ERNEST RYDER, SENIOR PRESIDENT OF TRIBUNALS
and
LORD JUSTICE SALES
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In the matter of P-S (Children)
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Miss Deirdre Fottrell QC & Miss Laura Briggs (instructed by Ms Hannah Perry of TV Edwards LLP) for the Appellant Children’s Guardian
Miss Barbara Connolly QC & Miss Amanda Bancroft (instructed by The London Borough of Camden Legal Department) for the Local Authority
Mother appeared in person
Ms Nancy Ballard (Solicitor Advocate) for Mr S
Mr David Bedingfield (instructed by Gordon Reed of Sternberg Reed Solicitors) for the Paternal Grandparents of S
Ms Hannah Gomersall (instructed by Claire Maye of Motley and Hope Solicitors) for the Paternal Grandparents of P
Mr Sam Momtaz QC & Miss Sharon Segal (instructed by Elizabeth Cape-Cowens of Blackfords LLP) for the Association of Lawyers for Children (Intervener)
Hearing date: 7 March 2018
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Judgment
Judgment: P-S (Children) [2018] EWCA Civ 1407.rtf