In the matter of Nicole (Care order) [2016] JCA 120 (12 July 2016)

In the matter of Nicole (Care order) [2016] JCA 120 (12 July 2016)

Article 68 of the Children (Jersey) Law 2002 provides an unfettered right of appeal against any order made in proceedings under the Law, including interlocutory orders, so no leave to appeal is required. The Royal Court cannot properly consider adoption as a last resort unless it has adequate evidence regarding the...

Source-derived case information.

Citation
[2016] JCA 120
Parties
Appellant: A (the grandmother); First Respondent: Minister for Health and Social Services; Second Respondent: B (the mother); Third Respondent: Nicole (the child, acting through her Guardian Sue Clarke)
Jurisdiction
Jersey
Judgment Date
12 July 2016
Procedural Posture
Appeal (family Law Children) / Appeal From Royal Court Decision on Application for Further Assessment
Outcome
Appeal allowed
Legal Topics
Care Proceedings, Parental Assessment, Adoption, Appeal Rights, Case Management
Family Law Child Law Appellate Procedure Care Proceedings Parental Assessment Adoption Appeal Rights Case Management

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Parties

A (the grandmother)

Appellant

Minister for Health and Social Services

First Respondent

B (the mother)

Second Respondent

Nicole (the child, acting through her Guardian Sue Clarke)

Third Respondent

Procedural Posture

Appeal (family Law Children) / Appeal From Royal Court Decision on Application for Further Assessment

Legal Issues

  1. 1 Whether leave to appeal is required under the Children (Jersey) Law 2002 for interlocutory orders
  2. 2 Whether a further assessment of the grandmother as a carer for Nicole should be ordered

Ratio Decidendi

Article 68 of the Children (Jersey) Law 2002 provides an unfettered right of appeal against any order made in proceedings under the Law, including interlocutory orders, so no leave to appeal is required. The Royal Court cannot properly consider adoption as a last resort unless it has adequate evidence regarding the grandmother's current circumstances and capacity to care for Nicole. The existing assessment was insufficient as it failed to address these matters. Therefore, a further assessment is necessary to ensure all realistic options are explored before a decision on adoption.

Court Disposition

Appeal allowed

Orders

  • A further psychological and parenting assessment of the grandmother by an independent social worker is ordered.
  • The trial date is vacated.