TF & anor v Barnardos Australia [2005] NSWADT 259

TF & anor v Barnardos Australia [2005] NSWADT 259

The Applicants issued an ultimatum that TH would have to leave if Barnardos would not place another child with them, and that was a serious error of judgment which placed TH in an invidious position. However, the conduct was out of character, the Applicants had otherwise been dedicated and effective carers, TH had made significant progress in their care, and the Tribunal accepted their remorse as genuine. The correct and preferable decision was therefore not withdrawal of authorisation, but setting aside that decision and imposing conditions limiting the Applicants to crisis, respite and intake care, barring permanent care until reassessment, and requiring further training.

Jurisdiction
Australia
Judgment Date
17 November 2005
Procedural Posture
Application for Review of Decision to Withdraw Carers Authorisation / Principal Matter
Outcome
Decision set aside and carers authorisation restored subject to conditions.
Legal Topics
['revocation of Foster Carer Authorisation' 'foster Care Authorisation Conditions' 'care Placement Removal' 'reportable Conduct' 'emotional Abuse Allegation' 'tribunal Review']
['administrative Law' 'community Services' 'child Protection' 'out of Home Care'] ['revocation of Foster Carer Authorisation' 'foster Care Authorisation Conditions' 'care Placement Removal' 'reportable Conduct' 'emotional Abuse Allegation' 'tribunal Review']

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Procedural Posture

Application for Review of Decision to Withdraw Carers Authorisation / Principal Matter

Legal Issues

  1. 1 ["Whether Barnardos' decision to withdraw the Applicants' authorisation as carers was the correct and preferable decision." "Whether the Applicants' ultimatum that TH would have to leave if another child could not be placed with them justified withdrawal of their carers authorisation." "Whether conditions should be imposed on the Applicants' carers authorisation instead of cancellation."]

Ratio Decidendi

The Applicants issued an ultimatum that TH would have to leave if Barnardos would not place another child with them, and that was a serious error of judgment which placed TH in an invidious position. However, the conduct was out of character, the Applicants had otherwise been dedicated and effective carers, TH had made significant progress in their care, and the Tribunal accepted their remorse as genuine. The correct and preferable decision was therefore not withdrawal of authorisation, but setting aside that decision and imposing conditions limiting the Applicants to crisis, respite and intake care, barring permanent care until reassessment, and requiring further training.

Court Disposition

Decision set aside and carers authorisation restored subject to conditions.

Orders

  • ['The decision of Barnardos to withdraw the authorisation of Mr TF and Mr TG communicated to them by letter of 15 April 2005 is set aside.' 'The Applicants are authorised to provide crisis, respite and intake care.' 'The Applicants may not provide care on a permanent basis until 31 December 2006 when their...