O & Anor v Orkney Island Council [2009] EWHC 3173 (Fam) (07 December 2009)

Child born in Orkney with heart condition - parents unable to care for him - now cared for by relatives in Cambridgeshire, who applied for a special guardianship order, having given notice to the Cambridgeshire County Council ('CCC') - any local authority who receives such notice has a duty to prepare a prescribed report for the Court, and the court may not make a Special Guardianship Order unless it has received a report - CCC objected that the child was being 'looked after' by Orkney Island Council ('OIC') and it was they who should provide the report or pay for CCC to do so - OIC disclaimed all responsibility. Held, the duty to prepare the report lies on CCC.

Full report: Bailii