Leave to Apply for Special Guardianship Order?
Birmingham City Council v R and Others [2006] EWCA Civ 1748
CA
20 December 2006
Daily Law Notes Summary
It was not open to an individual who needed the leave of the
court to make an application for a special guardianship order to
give notice to the local authority of his intention to apply for
such an order under s 14A(7) of the Children Act (as inserted by
s 115(1) of the Adoption and Children Act 2002) prior to the
leave being obtained. A judge should not invoke s 14A(9) to
compel a local authority to perform its obligations under s
14A(8) , to investigate and prepare a report, at the instance of
a person who needed but had not obtained permission to apply for
a guardianship order (unless s 14A(6)(b) applied).