Children Act 1989, section 14B

Special guardianship orders: making

Part II Orders With Respect To Children In Family Proceedings

(1)Before making a special guardianship order, the court must consider whether, if the order were made—

(a)a [F214 child arrangements order containing contact provisionF214] should also be made with respect to the child, F215. . .

(b)any section 8 order in force with respect to the child should be varied or discharged.

[F216 (c)where a [F217 provision contained in a child arrangements order F217] made with respect to the child is not discharged, any enforcement order relating to [F218 that provision F218] should be revoked, andF216]

[F219 (d)where an activity direction has been made—

(i)in proceedings for the making, variation or discharge of a child arrangements order with respect to the child, or

(ii)in other proceedings that relate to such an order,

that direction should be discharged.F219]

[F220 (1A) In subsection (1) “contact provision” means provision which regulates arrangements relating to—

(a)with whom a child is to spend time or otherwise have contact, or

(b)when a child is to spend time or otherwise have contact with any person;

but in paragraphs (a) and (b) a reference to spending time or otherwise having contact with a person is to doing that otherwise than as a result of living with the person.F220]

(2)On making a special guardianship order, the court may also—

(a)give leave for the child to be known by a new surname;

(b)grant the leave required by section 14C(3)(b), either generally or for specified purposes.

Definitions used in section 14B 7

special guardianship order

“special guardian” and “special guardianship order” have the meaning given by section 14A;

Defined in s.105(1) · see it in the full Act
the court

(7) For the purposes of this Act “the court” means the High Court or the family court .

Defined in s.92(7) · see it in the full Act
the order

(a) an order under paragraph 1(2)(a) or (b) for the making or securing of periodical payments in favour of more than one child (“the order") is in force;

Defined in Sch.1 para.6(9) · see it in the full Act
child arrangements order

"child arrangements order " means an order regulating arrangements relating to any of the following—

(a)

with whom a child is to live, spend time or otherwise have contact, and

(b)

when a child is to live, spend time or otherwise have contact with any person;

Defined in s.8(1) · see it in the full Act

“child arrangements order” has the meaning given by section 8(1);

Defined in s.105(1) · see it in the full Act
child

16 (1) In this Schedule “child” includes, in any case where an application is made under paragraph 2 or 6 in relation to a person who has reached the age of eighteen, that person.

Defined in Sch.1 para.16(1) · see it in the full Act

“child” means, subject to paragraph 16 of Schedule 1, a person under the age of eighteen;

Defined in s.105(1) · see it in the full Act
enforcement order

“enforcement order” has the meaning given by section 11J;

Defined in s.105(1) · see it in the full Act
activity direction

“activity direction” has the meaning given by section 11A;

Defined in s.105(1) · see it in the full Act

Cases considering section 14B 4

L (a child), Re

[2007] EWCA Civ 196 · 13 March 2007

Section 14B(1) requires the court, before making a special guardianship order, to consider whether a contact order should also be made. The court treated it as preserving judicial control over contact notwithstanding the special guardian’s parental responsibility. (see paras [32]; [34]) Section 14B(2) permits the court, when making a special guardianship order, to give leave for a child to be known by a new surname. The court held that this necessarily included power to refuse leave; welfare was decisive and justified refusal here. (see paras [32]; [34]; [41])

YY (Children: Conduct of the Local Authority)

[2021] EWHC 749 (Fam) · 26 March 2021

The court emphasised that special guardianship planning must address contact arrangements and the support provided by the local authority to arrange and sustain contact (see para [93]).

Local Authority v HP & Anor

[2009] EWCA Civ 143 · 27 February 2009Limits

The court identified section 14B(2)(b) orders as within the private-law enforcement procedure in rule 4.21A, without treating that provision as excluding enforcement of section 34 orders. (see paras [28]-[30], [50])

What each judgment says about section 14B is in the case-law panel in the full Act.

Amendments and notes

8 notes from legislation.gov.uk

Amendments

  1. F213Ss. 14A-14G inserted (30.12.2005) by 2002 c. 38, ss. 115(1), 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(k)
  2. F214Words in s. 14B(1)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 25(2)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10) this amendment is subject to savings and/or transitional provisions, see the commentary.
  3. F215Word in s. 14B(1)(a) repealed (8.12.2008) by Children and Adoption Act 2006 (c. 20), ss. 15, 17, Sch. 2 para. 8(a), Sch. 3; S.I. 2008/2870, art. 2(2)(e)(f)
  4. F216S. 14B(1)(c)(d) inserted (8.12.2008) by Children and Adoption Act 2006 (c. 20), ss. 15, 17, Sch. 2 para. 8(b); S.I. 2008/2870, art. 2(2)(e)
  5. F217Words in s. 14B(1)(c) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 25(2)(b)(i); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10) this amendment is subject to savings and/or transitional provisions, see the commentary.
  6. F218Words in s. 14B(1)(c) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 25(2)(b)(ii); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10) this amendment is subject to savings and/or transitional provisions, see the commentary.
  7. F219S. 14B(1)(d) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 25(2)(c); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10) this amendment is subject to savings and/or transitional provisions, see the commentary.
  8. F220S. 14B(1A) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 25(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10) this amendment is subject to savings and/or transitional provisions, see the commentary.