Legal News

Can care orders and special guardianship orders coexist? (Re F and another)

Published on: 07 May 2021
Published by: LexisPSL
  • Can care orders and special guardianship orders coexist? (Re F and another)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Can care orders and SGOs coexist?
  • Should the SGO have been discharged?

Article summary

Family analysis: This case required the Court of Appeal to consider whether or not care orders and special guardianship orders (SGO) can coexist. This decision—which may well be surprising to many especially in light of the Public Law Working Group’s view as to the making of supervision orders and SGOs together—holds that the Children Act 1989 (ChA 1989) clearly outlines Parliament’s intent that they can. In reaching that conclusion, the court meticulously explored the interplay of the various relevant provisions of ChA 1989 and determined that the two orders can also be made at the same time. The court also considered the circumstances in which a SGO should continue post the removal of the subject children from the care of the special guardian and how continuing special guardianship can provide a mechanism for maintaining a non-biological parent’s locus and status in a child’s life. Celestine Greenwood, barrister at Exchange Chambers, who represented the first respondent (led by Deirdre Fottrell QC), considers the decision. or take a trial to read the full analysis.

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