In re X Children v [2009] JLR 143 (05 May 2009)
- Citation
- [2009] JLR 143
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Judicial Review / Judgment
More details
- Posture
- Judicial Review / Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
Failure to disclose a confidential plan important to the Minister's decision constituted procedural impropriety, warranting the quashing of the decision.
Court disposition
decision quashed
Orders
- Decision affecting placement quashed for procedural impropriety
02
Material facts
Parties
X Children
SubjectHealth and Social Services Minister
Respondent03
Procedural history
Posture
Judicial Review / Judgment
04
Questions and positions
Legal issues
- 01
Whether the Minister had a duty to disclose all material information to the guardian ad litem and interested parties before making a decision affecting child placement
- 02
Whether failure to disclose a confidential plan constituted procedural impropriety
Party arguments
- Applicant
- The Minister failed to disclose all material information, specifically a confidential plan to remodel children's services, to the guardian ad litem and other interested parties in sufficient time for written submissions.
- Respondent
- The guardian was vaguely aware of changes and disclosure was not required.
05
Court’s reasoning
Legal principles
- 01
Administrative Law principles as applied in Jersey
Duty to disclose all material information to guardian ad litem and interested parties in sufficient time for submissions before decisions affecting child placement.
06
Ratio, limits and disposition
Ratio decidendi
Failure to disclose a confidential plan important to the Minister's decision constituted procedural impropriety, warranting the quashing of the decision.
Obiter and limits
- It is insufficient that the guardian is only vaguely aware of changes; full disclosure is required.
Court disposition
decision quashed
- Decision affecting placement quashed for procedural impropriety
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> In re X Children v [2009] JLR 143 (05 May 2009) URL: https://www.bailii.org/je/cases/JLR/2009/JLR090143.html Cite as: [2009] JLR 143 [ New search ] [ Help ] In re X Children v 2009 JLR 143 (05 May 2009) Administrative Law-judicial review-Health and Social Services Minister-duty to disclose all material information to guardian ad litem of child in care and other interested parties in sufficient time for written submissions about decision affecting placement-decision quashed for procedural impropriety if failure to disclose confidential plan to remodel children's services, important to Minister's decision-insufficient that guardian vaguely aware of changes The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2009 JLR 143 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2009/JLR090143.html
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