A Local Authority v M & Ors

The third Respondents are the children. Their interests are represented by the Children' s

       A local authority has applied for care orders for both children. There is consensus that Y should remain in her current placement, with her maternal aunt as her foster carer, under a care order. For reasons which will be explained, the court supports this plan as entirely appropriate.

       There is consensus that X should remain in the care of her maternal grandmother. The issue between the parties is how that placement should be supported.

"It is not best practice to make a Supervision Order alongside a Special Guardianship Order, as outlined in the Public Law Working Group Best Practice Guidelines, March 2021."

       The situation, though, is that the grandmother has refused to be assessed as a foster carer because she flatly refuses to care for her grand-daughter on that basis. The grandmother regards herself a grandmother and will not engage in any care arrangement that undermines this. She will not tolerate the restrictions and bureaucracy that inevitably accompanies foster care. Placement with the grandmother under a care order is not an option open to the court.