DEN v Benevolent Society [2018] NSWCATAD 131

DEN v Benevolent Society [2018] NSWCATAD 131

The respondent's decisions to remove the children from DEN's care and cancel DEN's authorised carer status are upheld, as DEN did not sufficiently address the risks and deficits identified by evidence and expert assessment; removal was necessary to protect the children from unacceptable risk of harm and ensure their needs are met.

Parties
Applicant: DEN; Respondent: Benevolent Society
Jurisdiction
Australia
Judgment Date
26 June 2018
Procedural Posture
Administrative Review / Final Judgment
Outcome
Application dismissed; respondent’s decisions affirmed.
Legal Topics
Cancellation of Authorised Carer Status, Removal of Children From Care, Out of Home Care, Procedural Fairness, Risk of Harm to Children
Administrative Law Child Protection Equal Opportunity Cancellation of Authorised Carer Status Removal of Children From Care Out of Home Care Procedural Fairness Risk of Harm to Children

Case Brief

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Parties

DEN

Applicant

Benevolent Society

Respondent

Procedural Posture

Administrative Review / Final Judgment

Legal Issues

  1. 1 Whether the respondent correctly cancelled DEN's authorised carer status
  2. 2 Whether removal of the children from DEN's care was justified
  3. 3 Whether DEN is able to resume parental care for the children

Ratio Decidendi

The respondent's decisions to remove the children from DEN's care and cancel DEN's authorised carer status are upheld, as DEN did not sufficiently address the risks and deficits identified by evidence and expert assessment; removal was necessary to protect the children from unacceptable risk of harm and ensure their needs are met.

Court Disposition

Application dismissed; respondent’s decisions affirmed.

Orders

  • The decision of the respondent to remove from DEN the responsibility for the daily care and control of 'S' and 'J' is affirmed.
  • The decision of the respondent to cancel DEN's authorisation as an authorised carer is affirmed.