Case No. GL20P00553

27.The local authority, mother and guardian all submit that the local authority application should be granted, and the grandmother’s application should be dismissed. The father has not sought party status in these proceedings, nor has he applied for parental responsibility, but it is abundantly clear that he strongly supports the mother’s position. 28.Central to all these arguments is the serious disruption that they argue would follow in the event of the grandmother being granted permission to make an application for a child arrangements order. The litigation would take a considerable period of time (the time required for an assessment for a Special Guardianship order, the impact of s14A and more recent Family Justice Council guidance are all cited). There would be a number of court hearings and there would have to be consideration of an order for contact. Although the prospective adopters accepted H into their care in the full knowledge that there could be further applications, the Guardian does raise the possibility that they may decide they no longer wish to care for H if they are faced with the prospect of the grandmother being assessed as a Special Guardian. Any further litigation is likely to cause even more discord within the family than there is already. Mr. Storey QC and Ms Sparrow for H state that there is every likelihood that the mother and father will not cooperate with further assessment. 29.Mr. Goodwin QC and Mr Miller point out that the extent of the conflict in this case is very significant. They argue that the parents’ reasons for not wishing H to be cared for by the grandmother are sound and reasonable, but in any event it is not so much what they say but the fact that they are saying it which is so important. The conflict is relevant not only to the question of the disruption that they argue would be caused to H as a result of the proposed application, but also to the prospects of success of the proposed application itself. 29. Although it is acknowledged that a parent does not have a right of veto concerning the placement of their child with a family member, or to put it another way, a right to have their child adopted, there is considerable focus in all the arguments as to the extent to which the grandmother’s proposals are, or would be, an interference with the Article 8 rights of the parents to engage in the ‘fast track’ process provided for in the ACA so that the mother can completely relinquish her parental responsibility in favour of assessed and matched adopters. Mr Goodwin and Mr Miller set out in some detail the statutory provisions which enable a parent to consent to their child being placed for adoption and the effect upon their own ability to apply for a child arrangements order now that H is formally placed for adoption within the meaning of s 19 ACA. 31.It is argued that the prospective adopters have Article 8 rights themselves, and this must be so by dint of the fact that Baby H has been living with them for over six months and they now have parental responsibility albeit this is shared with the local authority. It is submitted that the grandmother, who has never met H (although of course this is no fault of hers at all), does not have existing Article 8 rights. Mr Sampson QC and Dr. George for the local authority argue that the case law following