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Re B (a child) (care proceedings: application for joinder)

Case date: 31 May 2012



Introduction
The Court of Appeal held that the judge had not erred in dismissing a grandmother's application to be joined as a party to care proceedings, since the judge had made appropriate reference to section 10(9) of the Children Act 1989.

Details of the case

These proceedings were care proceedings begun in relation to a young boy (J). J had come into local authority care on a voluntary basis and had been living with foster parents. J's grandmother had wished to look after him, which had been opposed by J's parents as well as the authority.

The authority directed the preparation of a report pursuant to section 37 of the Children Act 1989. The report stated that J had experienced instability and domestic violence throughout his life, and that he had needed a stable home and environment. The report recorded that neither parent had wished for J to be cared for by the grandmother, and that they considered that he would likely suffer significant harm in her care.

The report detailed various allegations made by the mother and father about the grandmother's conduct, including allegations of excessive alcohol abuse, aggression and violence.

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