In H (A Child) [2015] EWCA Civ 406, the Court of Appeal (Civil Division) set aside a special guardianship order (SGO) that had been made in respect of a four-year old girl ('H'), following an appeal by H's father. In its instructive judgment, the appeal court highlighted poor case management of the proceedings and "classic errors" by the parties that proved fatal to the decision to issue the SGO.
The facts
H was a child with "chromosome 16", a condition requiring a high level of parenting and emotional support. She had been the subject of previous care proceedings, during which H's parents had been assessed as being unable to care for her without further support. Following the separation of H's parents, the mother ceased to have contact with H due to the former's mental health difficulties. The question therefore arose as to who should care for H. Her Honour Judge Wright issued an SGO in favour of A, a non-relative member of H's mother's church.
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