A County Council v M & H & T [2021]

1. Facts:

• Initial Placement: A baby was born and went into foster care shortly after birth, within two weeks.

• Adoption Proceedings: The child was placed for adoption.

• Grandmother’s Application: The paternal grandmother applied for a Special Guardianship (SG) order to care for the child.

• Parental Objection: The child’s parents objected to the grandmother’s application due to her limited financial resources and episodes of depression.

• Local Authority’s Position: The local authority sought court permission not to assess the grandmother as a potential carer, arguing that an assessment was unnecessary.

2. Outcome:

• Court Decision: The application for an SG order by the paternal grandmother was dismissed.

• Assessment of Grandmother: The court approved the local authority’s request to forego the assessment of the grandmother as a potential carer.

• Reasoning: The decision focused on the importance of providing a stable environment for the child, which the court determined was crucial. Maintaining continuity and stability in the child’s placement was prioritised.

3. Impact and Analysis:

• Emphasis on Stability: The case underscores the court’s emphasis on a stable and secure environment for the child, particularly in adoption scenarios. The court determined that a stable placement was essential for the child’s well-being, even if it meant not considering family members for potential care.

• Grandmother’s Circumstances: The decision highlights the court’s consideration of the practical implications of the grandmother’s financial situation and mental health. Despite her familial connection, these factors were significant in assessing her suitability as a guardian.

• Legal Precedent: This case reaffirms the principle that he child’s immediate and long-term stability takes precedence over family connections in custody and adoption matters. It reflects a judicial approach that prioritises the child’s best interests in placement decisions