G and H (Leave to revoke placement order), Re
[2023] EWCA Civ 768
B v A Local Authority & Ors
21 August 2023
[2023] EWFC 154 (B)
Family Court
A guardian wanted a full check on the child's grandparents to see if they could look after him. The judge said there was already a quick check and the grandparents waited too long to ask for another one, so the appeal was rejected. The focus was on getting the child a permanent home quickly and fairly.
Key Facts
- •Appeal by Children's Guardian against lay magistrates' refusal of a full assessment of paternal grandparents as kinship carers.
- •Paternal grandparents initially declined assessment, later changed their minds.
- •Local authority conducted a viability assessment, concluding it was unnecessary to proceed with a full assessment due to grandparents' age and apparent prioritization of parents' needs over child's.
- •Grandparents' late application caused potential delay in achieving permanence for the child.
- •The appeal questioned whether the child's welfare was paramount in a case management decision.
Legal Principles
Child's welfare is paramount consideration in decisions regarding upbringing, but not necessarily in case management decisions.
Children Act 1989, section 1
Court may permit expert evidence only if necessary to resolve proceedings justly.
Children and Families Act 2014, section 13(6)
In considering expert evidence, the court must consider welfare of child, issues, available evidence, cost and timetable.
Children and Families Act 2014, section 13(7)
Overriding objective in family proceedings is to deal with cases justly, including expeditiously and fairly.
Family Procedure Rules 2010, Rule 1.1
Appeals against case management decisions are limited; appellate court intervenes only if the lower court's decision was wrong in principle, considered irrelevant matters, failed to consider relevant matters, or was plainly wrong.
Family Procedure Rules 2010, Rule 30.12; Re TG (A Child) [2013] EWCA Civ 5; Re P (Care Proceedings: Balancing Exercise) [2014] 1 FLR 824
Public Law Outline and section 32 of the Children Act require timely resolution of cases, prioritizing efficiency without sacrificing justice.
Children Act 1989, section 32; Public Law Working Group recommendations
Outcomes
Appeal dismissed.
The magistrates' decision was within their discretion. The viability assessment was not shown to be flawed, and the grandparents' late application, potentially driven by emotion rather than a realistic assessment of their capabilities, risked delaying proceedings and jeopardizing the child's need for permanence. The appropriate forum to challenge the assessment is at the final hearing.