“A” v The Secretary, Family & Community Services [2015] NSWDC 307

“A” v The Secretary, Family & Community Services [2015] NSWDC 307

The evidence established the appellant was not responsible for the children’s neglect, did not lack relevant insight, and was unfairly limited in contact due to misreadings of historical file material and flawed expert opinion. Statutory preference under s 10A is for family placement where practicable and in best interests. The evidence showed the appellant was now both capable and entitled to take on parental responsibility, subject to a transition and support plan. Accordingly, the appeal was allowed, the prior permanency plan was rejected, and a new plan for transfer of care and gradual assumption of responsibility by the grandmother was ordered.

Jurisdiction
Australia
Judgment Date
18 December 2015
Procedural Posture
Child Care Appeal / Appeal From Children's Court Decision Fresh Hearing
Outcome
Appeal allowed; prior decision set aside
Legal Topics
['care and Protection' 'permanent Placement' 'parental Responsibility' 'evaluation of Expert Evidence' 'statutory Interpretation' 'contact Arrangements' 'risk Assessment']
['child Law' 'family Law' 'administrative Law'] ['care and Protection' 'permanent Placement' 'parental Responsibility' 'evaluation of Expert Evidence' 'statutory Interpretation' 'contact Arrangements' 'risk Assessment']

Case Brief

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Procedural Posture

Child Care Appeal / Appeal From Children's Court Decision Fresh Hearing

Legal Issues

  1. 1 ['Whether the appellant has relevant insight into the causes of neglect of the children' 'Whether the appellant bears responsibility for the neglect' 'Whether the appellant has the capacity to care for the children in light of their needs' 'Whether the appellant can address child protection and risk issues' 'Whether the FaCS proposed care plan should be approved']

Ratio Decidendi

The evidence established the appellant was not responsible for the children’s neglect, did not lack relevant insight, and was unfairly limited in contact due to misreadings of historical file material and flawed expert opinion. Statutory preference under s 10A is for family placement where practicable and in best interests. The evidence showed the appellant was now both capable and entitled to take on parental responsibility, subject to a transition and support plan. Accordingly, the appeal was allowed, the prior permanency plan was rejected, and a new plan for transfer of care and gradual assumption of responsibility by the grandmother was ordered.

Court Disposition

Appeal allowed; prior decision set aside

Orders

  • ['The Secretary of the Department of Family and Community Services is to prepare a new permanency plan consistent with these reasons.' 'The proceedings are to be listed on 29 January 2016 for the parties to bring draft orders giving effect to these reasons and statutory requirements.' 'Liberty to apply to relist on...