R. -v- Child and Family Agency & anor [2018] IEHC 469 (03 August 2018)

R. -v- Child and Family Agency & anor [2018] IEHC 469 (03 August 2018)

The applicant failed to establish a prima facie arguable case for judicial review as her grounds were either insufficiently particularised, unsupported by evidence, or based on legally unsustainable allegations of bias and unfairness. The DPP was improperly joined as a respondent as the allegations related to operational matters of An Garda Síochána, not the DPP. Although an extension of time was granted for the Circuit Court orders, the application for leave was refused on the merits.

Citation
[2018] IEHC 469
Parties
Applicant: R.; First Respondent: Child and Family Agency; Second Respondent: Director of Public Prosecutions
Jurisdiction
Ireland
Judgment Date
03 August 2018
Procedural Posture
Judicial Review / Application for Leave to Apply for Judicial Review
Outcome
Application for leave to apply for judicial review refused
Legal Topics
Judicial Review, Care Orders, Bias in Judicial Proceedings, Extension of Time, Fair Procedures
Administrative Law Child Law Judicial Review Care Orders Bias in Judicial Proceedings Extension of Time Fair Procedures

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Parties

R.

Applicant

Child and Family Agency

First Respondent

Director of Public Prosecutions

Second Respondent

Procedural Posture

Judicial Review / Application for Leave to Apply for Judicial Review

Legal Issues

  1. 1 Whether the applicant established an arguable case for judicial review of Circuit Court orders affirming District Court care orders
  2. 2 Whether the application for leave was out of time and if extension should be granted
  3. 3 Whether the applicant established bias or lack of fair procedures in the Circuit Court

Ratio Decidendi

The applicant failed to establish a prima facie arguable case for judicial review as her grounds were either insufficiently particularised, unsupported by evidence, or based on legally unsustainable allegations of bias and unfairness. The DPP was improperly joined as a respondent as the allegations related to operational matters of An Garda Síochána, not the DPP. Although an extension of time was granted for the Circuit Court orders, the application for leave was refused on the merits.

Court Disposition

Application for leave to apply for judicial review refused