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The test to discharge a special guardianship order (Re M (special guardianship order—leave to apply to discharge))

The test to discharge a special guardianship order (Re M (special guardianship order—leave to apply to discharge))
Published on: 31 March 2021
Published by: LexisPSL
  • The test to discharge a special guardianship order (Re M (special guardianship order—leave to apply to discharge))
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • ChA 1989, s 14D
  • Parental contact where an SGO is in force

Article summary

Family analysis: In Re M (special guardianship order: leave to apply to discharge), the Court of Appeal considered applications under section 14D of the Children Act 1989 (ChA 1989) to discharge a special guardianship order (SGO) and child arrangements orders where an SGO is in place, finding that the word ‘significant’ as to the requirement for a ‘significant change of circumstances’ in ChA 1989, s 14D creates a higher threshold than the similar tests for the revocation of a placement order or permission to oppose the making of an adoption order. Ruth Cabeza, barrister at Harcourt Chambers, examines the issues. or take a trial to read the full analysis.

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