Re E (A Child) (Special Guardianship Order: Public Law Proceedings) [2026] EWCA Civ 1167

Appeal by a mother and maternal grandmother against a special guardianship order made in favour of the child’s foster carer at the conclusion of care proceedings. Appeal allowed. Where an SGO in favour of a non-family foster carer is proposed as the outcome of care proceedings, the court must undertake a proper necessity and proportionality evaluation and should typically determine whether the section 31 threshold criteria are established before deciding whether the child should remain permanently outside the birth family.