Grandparents in Public Proceedings: Involvement and Legal Considerations

1. Grandparents as Alternative Carers

Legal Framework:

• Child Arrangements Orders and Special Guardianship Orders (SGOs): These are designed to offer stable care arrangements for children, often used when parents are unable to care for them but where adoption is not deemed appropriate.

◦ Child Arrangements Order: Determines where the child will live and how they will spend time with each parent or carer.

◦ Special Guardianship Order (SGO): Provides a more permanent care arrangement than a residence order but does not sever legal ties with the birth parents.

Case Examples:

• Re L (A Child) [2007]:

◦ Facts: Child lived with maternal grandparents from ages 3 months to 3 years due to parental drug issues.

◦ Outcome: A residence order was granted initially, but a subsequent SGO was made instead of an adoption order. The court emphasised the need for the grandmother to have the power to make decisions.

◦ Key Issues: Concerns about the impact of supervisory orders and the balance between the grandparents’ rights and the child's best interests.

• Re H (2014):

◦ Facts: Child lived with maternal grandmother after the mother’s death and the father’s imprisonment.

◦ Outcome: A special guardianship order was favoured, with supervision by local authorities for one year before transitioning the child’s status to that of a “child in need.”

• Rachel Taylor (2018):

◦ Critique: Taylor notes that SGOs are increasingly used as a substitute for adoption, raising concerns about the supervision orders and the adequacy of the care provided under SGOs.

Significant Points:

• Parental Responsibility: SGOs grant grandparents parental responsibility but can also place restrictions, such as limited or supervised contact with the birth parents.

• Balancing Interests: The courts must balance the benefits of maintaining biological ties with the need for stable, permanent care arrangements.

2. Grandparents Instead of Potential Adoptive Parents

Case Examples:

• Re W (2016):

◦ Facts: A young girl lived with foster parents and was later placed with potential adopters. After the birth of a sibling, the paternal grandparents sought custody of the girl, arguing that keeping siblings together was in the child’s best interest.

◦ First Instance Decision: The court favoured placing the child with the grandparents.

◦ Court of Appeal: Set aside the decision, emphasizing that the child's welfare and current stability with the potential adopters should be prioritised over the “natural family” presumption.

◦ Rehearing (Justice Cobb): Confirmed the importance of maintaining stability and minimising disruption in the child's life, leading to the decision to proceed with the adoption by the potential adopters.

• County Council v M [2021]:

◦ Facts: A baby was placed for adoption shortly after birth. The paternal grandmother applied for an SGO, but the local authority opposed this due to concerns about the grandmother’s financial situation and mental health.

◦ Outcome: The application was dismissed, and the importance of a stable environment for the child was emphasised.

Significant Points:

• Welfare Analysis: Emphasis on conducting a thorough welfare analysis rather than relying on presumptions about biological relationships.

• Stability vs. Family Ties: Courts prioritise the child's immediate and long-term welfare, which may outweigh the desire to place children with extended family members.

3. Adoption of Children and Privacy

Legal Considerations:

• Disclosure to Extended Family:

◦ Re C v XYZ CC (2007): Court of Appeal ruled that the Adoption and Children Act 2002 does not compel local authorities to disclose the identity of an adopted child to extended family members against the mother’s wishes.

◦ Article 8 Considerations: Although the grandparents had a right to be informed, this right was balanced against the mother’s right to privacy. The father’s lack of interest in the child further influenced the decision.

Key Issues:

• Privacy and Confidentiality: The balance between the child's right to privacy and the extended family’s interest in knowing about the child’s welfare.

• Impact of Disclosure: The decision to disclose information must consider potential impacts on the child's emotional well-being and the privacy of the birth parents.

Conclusion

The involvement of grandparents in public proceedings, particularly in adoption and care cases, presents complex legal and ethical challenges. Courts must carefully navigate the tension between maintaining biological family connections and ensuring the child's best interests, which often centre on stability and emotional well-being. The evolving role of grandparents in childcare and their legal recognition reflects broader shifts in family dynamics and societal expectations.