Recent Best Practice Guidance on Special Guardianship Orders in accordance with Re M

This podcast takes a look at the recent best practice guidance and applications to vary or discharge a special guardianship order. It specifically focuses on the principles arising from the recent successful appeal in Re M (Special Guardianship Order: Leave To Apply To Discharge) (Rev 1) [2021] EWCA Civ 442. In his judgment, Lord Justice Peter Jackson clarified the test for granting leave to apply to discharge a special guardianship order and reiterated the construction of s.14D(5) CA 1989. With the decision being so recent, it is unclear what impact this decision will have. However, the clarification and simplification of the principles that apply are clearly welcomed.