We represented grandparents in care proceedings initiated by the local authority, after they were joined as parties. Our clients sought to challenge a negative Special Guardianship assessment.

The proceedings had been ongoing for some time, with the children having lived with their grandparents since July 2025 under Interim Care Order. Reports on the children's welfare in their grandparents' care were overwhelmingly positive, demonstrating that they were thriving. Despite this, the local authority completed a negative Special Guardianship assessment.

The grandparents subsequently attended hearings to challenge that assessment. The court joined them as parties to the proceedings, following which they instructed us to act on their behalf.

Our Involvement

Upon reviewing the evidence, it became apparent that the vulnerabilities identified in the assessment were not insurmountable. They could be appropriately explored through further assessment, targeted support, and practical interventions designed to address and reduce the concerns raised.

The local authority had not supported this approach and instead sought a final care plan involving the children's removal from their grandparents' care and placement in long-term foster care. This proposal appeared inconsistent with the children's needs and the positive care they had received from their grandparents over the previous year without concern, particularly where children should remain living within their families were possible.

Following our instruction, we worked closely with experienced counsel to challenge both the negative assessment and the proposed final care plan. We successfully secured further evidence clarifying the vulnerabilities identified, the support that had already been provided, and the additional assistance that could be offered to address the concerns moving forward.

The local authority sought a three-month extension to allow the recommended work to be completed and for an addendum report to be prepared. We opposed this application, arguing that the court already had sufficient evidence to determine whether the grandparents should be appointed as Special Guardians.

We successfully persuaded the court to refuse to sanction the proposed delay. As a result, one of the final hearing days was retained to consider updated evidence from the Children's Guardian, a statement from the social worker, and submissions from all parties on the key issue in dispute.

Importantly, the Children's Guardian supported our clients' position and the making of a Special Guardianship Order in their favour. Although the local authority continued to seek additional time for further work, it confirmed that based on the evidence already available, it would not oppose the making of a Special Guardianship Order.

Outcome

We successfully secured a Special Guardianship Order for our clients. The judge determined that the existing evidence was sufficient to make a final decision and that there was no need for further assessments or an addendum report, thereby avoiding additional delay.

The outcome provided certainty for our clients and ensured that the children could remain in their care on a long-term basis. It also enabled clear reassurance to be given to the children regarding their future permanence and stability.

Our client was represented by Phoebe Coles, counsel instructed: Catherine Ellis, Pump Court Chambers.