Case examples

In Re S (Adoption Order or Special Guardianship Order) No2 [2007] 1 FLR 855, the court of appeal considered special guardianship to be more appropriate than adoption because:

• The mother had made remarkable progress since the court proceedings began.
• The mother and the foster carer had an excellent relationship and each wanted the other to remain a significant figure in the child’s life.
• Contact was well established and would continue.
• The child wanted her mother to continue to be her mother, but would like to remain living with the foster carer and maintain contact.

In Re AJ (Adoption Order or Special Guardianship Order) [2007] 1 FLR 507 the child concerned had lived with his paternal aunt and uncle since the age of 6, a care order was made in 2002 and the birth parent(s) had little contact. In 2004 the local authority changed its plan to adoption, the carers where happy with adoption but did not want special guardianship if adoption was not granted. The reason that they did not want special guardianship was because the parents would still have parental responsibility and the aunt and uncle considered the parents volatile and unpredictable, the aunt and uncle either wanted sole parental responsibility, which an adoption order would provide, or place the child under a care order so that the local authority had joint parental responsibility with the parents. The judge agreed with the carers and made an adoption order.