S (A Child), Re
[2023] EWCA Civ 706
Re S (Children: Party Status)
22 December 2022
[2022] EWCA Civ 1717
Court of Appeal
A man was very close to a child and looked after him. The child was taken away without telling the man. The man tried to be part of the court case to get the child back, but was stopped. The higher court said he should be allowed to be part of the case because he was so important to the child.
Key Facts
- •Mr. B, a non-relative, had a close bond with C (aged 5) and was his primary carer.
- •C was removed from Mr. B's care without notice and placed in foster care.
- •Mr. B applied to be joined as a party to the care proceedings, which was refused.
- •The appeal concerned the refusal to grant Mr. B party status.
Legal Principles
The court may direct that a person be made a party to care proceedings under FPR 2010 12.3 and 12.4.
Family Procedure Rules 2010
In deciding whether to grant leave to apply for a section 8 order, the court should consider factors in section 10(9) of the Children Act 1989 (but it's not an exhaustive test).
Children Act 1989
The court should consider whether the aspiring party has an arguable case for a significant remedy, but this isn't a rigid test. The overriding objective is a fair and efficient determination.
Re B (A Child) [2012] EWCA Civ 737
Outcomes
The appeal was allowed.
The recorder erred by determining Mr. B had no arguable case based on insufficient information and failed to adequately consider Mr. B's strong connection with C, the lack of due process in C's removal, and the benefits of having all realistic options before the court. The court found his case was 'a runner', even if not a 'winner'.
Mr. B was joined as a party to the care proceedings.
His close relationship with C, the lack of due process in C's removal, and the absence of other suitable adult relationships for C justified granting party status.