Neutral Citation Number: [2010] EWMC 55 (FPC)

In the Magistrates’ Court
Family Proceedings Court

Before:

     
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Between:

	X	Applicant	
	and		
	A	1st Respondent	
	B	2nd Respondent	
	Mr and Mrs C  	3rd & 4th Respondent	

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Mrs G     	for the	  Applicant	
Mr H     	for the	1st  Respondent 	
          Mr D		3rd and 4th Respondent	
		      2nd Respondent not      represented and does not attend 	

Hearing date: 17.08.10

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WRITTEN REASONS

The written reasons are being distributed on the strict understanding that in any report, no person may be identified by name or location (Other than a person identified by name in the reasons themselves) and that in particular the anonymity of the children and the adult members of their family must be strictly preserved

Justices’ Reasons

		
1.	We have been asked to consider an application for the discharge of a care order made in 2006 in respect of K. It is proposed that a Special Guardianship Order be made in favour of Mr and Mrs C, K’s paternal grandparents. The application is brought by X Council, represented by Ms Y. The social worker is Ms Z.           

K’s parents are Ms A and Mr B who are in agreement with the applications. 
	
2.	The child’s Guardian is Ms E who has filed her Report on 04.08.10. She supports the Local Authority plans for the discharge of the Care Order and the making of the Special Guardianship Order.

We have read the documents contained within the Court Bundles filed by the LA in support of the applications including Ms Z’s Section 21 report, and we do not wish to rehearse the history contained within them more than necessary. 

3.	K has lived with her paternal grandparents since she was a few months old and is very settled with them. A Care Order was made in 2006. The LA and her parents have been very satisfied by the level of care provided by Mr and Mrs C and it is now felt appropriate that the Care Order is discharged and a Special Guardianship Order is put in its place. The effect of such an Order would be that Mr and Mrs C would gain parental responsibility for K over the rights of her parents. They would then be able to make the crucial decisions required in bringing up a child having a normal upbringing.
	
4.	We have considered the Welfare Checklist and read Ms E’s report and we are satisfied that it is appropriate that the Care Order is discharged and a SGO is made in favour of Mr and Mrs C. All credit is to be given to Ms A and Mr B in agreeing to this course of action and putting the needs of K first.

We also make a Defined Contact Order in favour of Ms A the terms of which are contained in the Consent Order.