Q&As

Can the court decline to make a special guardianship order where the child’s guardian considers that a care or supervision order would be more appropriate, and could the court make such an order of its own motion? What other orders could be made by the court in those circumstances?

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Published on LexisPSL on 25/03/2019

The following Family Q&A provides comprehensive and up to date legal information covering:

  • Can the court decline to make a special guardianship order where the child’s guardian considers that a care or supervision order would be more appropriate, and could the court make such an order of its own motion? What other orders could be made by the court in those circumstances?

Can the court decline to make a special guardianship order where the child’s guardian considers that a care or supervision order would be more appropriate, and could the court make such an order of its own motion? What other orders could be made by the court in those circumstances?

Section 31(1) of the Children Act 1989 (ChA 1989) provides that on an application for a care or supervision order by ‘any local authority or authorised person’, the threshold criteria as set out in ChA 1989, s 31(2) must be met, and a court may only make a care or supervision order if it is satisfied that:

  1. the child concerned is suffering, or is likely to suffer, significant harm, and

  2. the harm, or likelihood of harm, is attributable to:

    1. the care given to the child, or likely to be given to it, if a care or supervision order were not made, the care not being such as it would be reasonable to expect a parent to give, or

    2. the child being beyond parental control

See Practice Notes: Public children—threshold criteria and Public children—principle of significant harm.

Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 12.3 define the parties to proceedings under FPR 2010, SI 2010/2955, Pt 12, and provides that the only potential applicants for a care or supervision order under ChA 1989, s 31 are ‘Any local

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