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Family Law

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Court of Protection Practice and Procedure Conference 2016

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11 JUN 2012

CARE PROCEEDINGS: Re B (Paternal Grandmother: Joinder As Party) [2012] EWCA Civ 737

(Court of Appeal, Laws, Black LJJ, 31 May 2012)

The paternal grandmother wished to care for the 4-year-old child, who was currently in foster care and applied to become a party to the proceedings. Reports on the paternal grandmother noted excessive alcohol use and a history of choosing violent partners. The judge refused the grandmother permission to become a party to the proceedings. The grandmother appealed.

The judge had not erred in regarding the reports on the grandmother as unfavourable and had balanced the negatives with the fact that this was the child's grandmother and considered her Art 8 rights under the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950. Given the likely delay an assessment would cause the judge was entitled to proceed on the basis that there was already enough evidence available to make a decision. Appeal dismissed.

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