DWA v Veritas House [2020] NSWCATAD 40

DWA v Veritas House [2020] NSWCATAD 40

The Tribunal found, on balance, that the applicants' conduct demonstrated a lack of insight into the trauma and needs of the children in their care, inappropriate emotional responses, exposure to heated arguments, swearing, and issues relating to the proper management of challenging behaviour, culminating in an accumulation of factors that established an unacceptable risk of harm to children in their care. The Tribunal was not satisfied the applicants remained suitable persons to be authorised carers and affirmed the respondent's decision to cancel their authorisation.

Parties
Applicant: DWA & DWB; Respondent: Veritas House
Jurisdiction
Australia
Judgment Date
04 February 2020
Procedural Posture
Administrative Review / Merits Review/decision
Outcome
Application dismissed; decision affirmed
Legal Topics
Review of Administrative Decision, Child Welfare, Authorisation and Cancellation of Carers, Unacceptable Risk to Child, Care and Protection of Children
Administrative Law Child Protection Family Law Review of Administrative Decision Child Welfare Authorisation and Cancellation of Carers Unacceptable Risk to Child Care and Protection of Children

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 14 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

DWA & DWB

Applicant

Veritas House

Respondent

Procedural Posture

Administrative Review / Merits Review/decision

Legal Issues

  1. 1 Whether the cancellation of authorisation as authorised carers was the correct and preferable decision under the Children and Young Persons (Care and Protection) Act 1998 (NSW)
  2. 2 Whether applicants' conduct constituted an unacceptable risk to children in care
  3. 3 Assessment of the suitability of applicants as authorised carers

Ratio Decidendi

The Tribunal found, on balance, that the applicants' conduct demonstrated a lack of insight into the trauma and needs of the children in their care, inappropriate emotional responses, exposure to heated arguments, swearing, and issues relating to the proper management of challenging behaviour, culminating in an accumulation of factors that established an unacceptable risk of harm to children in their care. The Tribunal was not satisfied the applicants remained suitable persons to be authorised carers and affirmed the respondent's decision to cancel their authorisation.

Court Disposition

Application dismissed; decision affirmed

Orders

  • The decision of the respondent made on 15 April 2019 cancelling the authorisation of DWA and DWB as authorised carers is affirmed.