In the matter of the CCC Children [2011] JRC 241 (28 December 2011)

In the matter of the CCC Children [2011] JRC 241 (28 December 2011)

The Guardian should be permitted to attend the Permanence Panel meeting during presentation of reports and questioning, as this enhances the Court's ability to evaluate the child's arrangements and promotes fairness and transparency. The Minister is directed to support this view before the Panel and communicate the...

Source-derived case information.

Citation
[2011] JRC 241
Parties
Applicant: Guardian; Respondent: Minister; Subject: Child
Jurisdiction
Jersey
Judgment Date
28 December 2011
Procedural Posture
Application for Directions / Interlocutory
Outcome
Application granted
Legal Topics
Care Orders, Foster Care, Panel Procedure, Transparency, Natural Justice
Family Law Child Welfare Human Rights Care Orders Foster Care Panel Procedure Transparency Natural Justice

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Parties

Guardian

Applicant

Minister

Respondent

Child

Subject

Procedural Posture

Application for Directions / Interlocutory

Legal Issues

  1. 1 Whether the Guardian should be permitted to attend the Permanence Panel meeting
  2. 2 Procedural fairness in child welfare decision-making

Ratio Decidendi

The Guardian should be permitted to attend the Permanence Panel meeting during presentation of reports and questioning, as this enhances the Court's ability to evaluate the child's arrangements and promotes fairness and transparency. The Minister is directed to support this view before the Panel and communicate the Court's position.

Court Disposition

Application granted

Orders

  • The Minister is directed to support before the Permanence Panel the view that the Guardian should be permitted to attend the Panel meeting during presentation of reports and questioning.
  • The Panel may retire for private deliberation.