header-logo header-logo

FAMILY LAW

22 February 2007
Issue: 7261 / Categories: Case law , Law digest
printer mail-detail

Re S (a child) (adoption: special guardianship) [2007] EWCA Civ 54, [2007] All ER (D) 81 (Feb)

(i) A special guardianship order is only appropriate if it is best fitted to meet the needs of the child concerned. The key question which the court is obliged to ask itself in every case in which the question of adoption, as opposed to special guardianship, arises is “which order will better serve the welfare of this particular child?” It is incumbent on judges to give full reasons and to explain their decisions with care.

Provided the judge has carefully
examined the facts, made appropriate findings in relation to them and applied the welfare check-lists contained in the Children Act 1989, s 1(3) and the Adoption and Children Act 2002, s 1, it is unlikely that the Court of Appeal will be able properly to interfere with the exercise of judicial discretion, particularly in a finely balanced case.

(ii) The court has power to make a special guardianship order of its own motion, where the welfare of the child is in issue in any family proceedings. The statute implicitly envisages an order being made against the wishes of the parties, and in a case in which the party seeking a different order eg adoption does not want to be appointed the child’s special guardian. Note that Re J [2007] EWCA Crim 55, contains a helpful Schedule of Main Differences between Special Guardianship Orders and Adoption which sets out the differences between the two orders in tabular form.

Issue: 7261 / Categories: Case law , Law digest
printer mail-details

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In Ward v Rai, the High Court reaffirmed that imprecise points of dispute can and will be struck out. Writing in NLJ this week, Amy Dunkley of Bolt Burdon Kemp reports on the decision and its implications for practitioners
Could the Supreme Court’s ruling in R v Hayes; R v Palombo unintentionally unsettle future complex fraud trials? Maia Cohen-Lask of Corker Binning explores the question in NLJ this week
back-to-top-scroll