Re H [2014]

1. Facts:

• In Re H, a child was born to a mother who was murdered by the father a year later.

• Following the mother’s death, the child lived with her maternal grandmother for two years.

• The authorities proposed that a Special Guardianship Order be made for the grandmother, with local authority supervision for one year.

• After the supervision period ended, the child would continue to be considered a child in need.

2. Outcome:

• Justice Hogg decided that a Special Guardianship Order was appropriate to provide the grandmother with parental responsibility.

• The order would grant the grandmother the necessary legal authority to make decisions for the child.

• Justice Hogg emphasised that the grandmother needed to be formally recognised as having parental responsibility to effectively care for the child and make decisions in her best interest.

3. Impact and Analysis:

• Special Guardianship Order: The case underscores the role of Special Guardianship Orders in granting substantial parental responsibility and legal authority to guardians, allowing them to make important decisions about the child’s upbringing.

• Legal Recognition of Guardians: The decision highlights the importance of formally recognising the guardian’s role to ensure they have the necessary power to act in the child’s best interests. It reflects a shift towards providing guardians with more comprehensive legal authority akin to that of biological parents.

• Child in Need: The continued designation of the child as a "child in need" after the supervision period demonstrates the ongoing support required for children in complex family situations, even when placed with a capable guardian.

• Judicial Approach: Justice Hogg's ruling reinforces the principle that legal mechanisms should adapt to the needs of children in care arrangements, ensuring that guardians have the appropriate authority to act effectively on behalf of the child.

• Support and Supervision: The case illustrates the balance between granting guardians parental responsibility and ensuring adequate support and supervision from local authorities to address the child's ongoing needs and well-being.