CKW v Life Without Barriers [2017] NSWCATAD 133

CKW v Life Without Barriers [2017] NSWCATAD 133

The Tribunal found most grounds for cancellation were not made out on the evidence, except that support provided to the applicant had not sufficed to address agency concerns, which related to her new status as a single mother and the high needs of the children. As her authorisation lapsed due to expiry, cancellation was not correct or preferable. However, affirming the agency's decision not to return the children to her was warranted due to her inability to meet the foster children's needs as a single parent under present circumstances and the children's stability in their current placement.

Parties
Applicant: CKW; Respondent: Life Without Barriers
Jurisdiction
Australia
Judgment Date
27 April 2017
Procedural Posture
Administrative Review / Merits Review by Tribunal
Outcome
Partly allowed; cancellation decision set aside, non-return of children affirmed
Legal Topics
Cancellation of Carer Authorisation, Out of Home Care, Review of Agency Decision, Carers Register, Child Best Interests
Administrative Law Child Welfare Equal Opportunity Cancellation of Carer Authorisation Out of Home Care Review of Agency Decision Carers Register Child Best Interests

Case Brief

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Parties

CKW

Applicant

Life Without Barriers

Respondent

Procedural Posture

Administrative Review / Merits Review by Tribunal

Legal Issues

  1. 1 Whether the applicant's authorisation as an authorised carer should have been cancelled
  2. 2 Whether the decision not to return the foster children to the applicant's care and control was correct

Ratio Decidendi

The Tribunal found most grounds for cancellation were not made out on the evidence, except that support provided to the applicant had not sufficed to address agency concerns, which related to her new status as a single mother and the high needs of the children. As her authorisation lapsed due to expiry, cancellation was not correct or preferable. However, affirming the agency's decision not to return the children to her was warranted due to her inability to meet the foster children's needs as a single parent under present circumstances and the children's stability in their current placement.

Court Disposition

Partly allowed; cancellation decision set aside, non-return of children affirmed

Orders

  • The decision of the respondent, made on 6 May 2016, to cancel the applicant's authorisation as an authorised carer is set aside.
  • The decision of the respondent, made on 6 May 2016, not to return the children to the applicant's care and control is affirmed.