The following Family Q&A Produced in partnership with Melissa Harrison of Coram Chambers provides comprehensive and up to date legal information covering:
The best way to approach this issue is to consider what information the court would need in order to be satisfied that:
the care order can and should be discharged, and
that a special guardianship order can be made in its stead
Regarding whether the care order can and should be discharged, this will be reliant upon the extent to which the issue that existed four years ago remains extant. Naturally, if the threshold criteria in section 31(2) of the Children Act 1989 is no longer satisfied, the care order can fall away, see Practice Notes: Public children—threshold criteria and Termination, discharge and variation of care and supervision orders. In Re R (Children), Cobb J gave guidance in relation to appli
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