Case No. GL20P00553
Family Court

Case No. GL20P00553

Fecha: 23-Abr-2021

TS and JJ v Norway; Case 15633/15

focuses on the practicalities of a ‘close relationship created by frequent contact’. 32.Ms Henke QC and Mr. Halliday on behalf of the grandmother point out how committed she had been to her grandchild from the moment she was aware of the birth. Indeed Ms Henke is right to say that there is nothing more that this grandmother could have done. In the first instance she tried to persuade the parents to reconsider their proposal to place H for adoption and demonstrated her willingness to care for H, either in the short term until their lives were more settled and they were ready for the responsibility of parenthood, or in the long term. They had a meeting to discuss their respective views but ultimately no agreement was achieved. The grandmother consulted a solicitor, and issued her application on 28th September. Such was the parents’ objection to her application that they would not agree to the local authority discussing the baby with her, and it was only on 15th December that it was accepted that the local authority should be permitted to gather information as to the grandmother’s health position, and an overview of the dynamics in the paternal family. 33.The grandmother is not working and is able to offer herself as a full time carer. She has brought up two sons successfully. She lives in her own home and has sufficient financial resources to care for H. She is aged 58, and although her physical health is not perfect (she suffers from some high blood pressure and has some issues with her weight) it is sound. She has suffered from episodes of depression and is currently taking a reducing dose of Citalopram for anxiety. If this was a case where the parents were in agreement with her wish to care for H there would be no safeguarding or other issues to prevent this being a suitable option. 34.In those circumstances, Ms Henke and Mr. Halliday urge upon me the necessity of a full assessment of the grandmother. If this does not happen and her application under s10(9) is dismissed there is only one option for baby H and that is adoption. A decision now will deprive the court of the ability to analyse the competing options, and in fact would amount to a process of linear reasoning which is impermissible in accordance with the authorities. Given the life-long consequences for H if adopted, the change of status and the interference with H’s Article 8 rights, it is imperative that the court obtains the information that an assessment would provide as to the grandmother’s proposals. Although the views of the parents must be taken into account, Ms Henke points out that they are not entitled to veto consideration and assessment of wider family members. In