In the matter of SS (Care Proceedings) [2012] JRC 045 (29 February 2012)
SS's application to attend the whole welfare stage is refused due to his significant emotional and cognitive vulnerabilities; limited attendance is permitted to safeguard his welfare while allowing meaningful participation.
- Citation
- [2012] JRC 045
- Parties
- Child Applicant: SS; Respondent: Minister; Interested Party: Guardian; Interested Party: Father; Interested Party: Mother
- Jurisdiction
- Jersey
- Judgment Date
- 29 February 2012
- Procedural Posture
- Care Proceedings / Application for Leave to Attend Welfare Stage
- Outcome
- application refused in part; limited attendance granted
- Legal Topics
- Child Attendance at Proceedings, Placement Decisions, Child Representation
Case Brief
Summary, issues, holding and outcome
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Parties
SS
Child Applicant
Minister
Respondent
Guardian
Interested Party
Father
Interested Party
Mother
Interested Party
Procedural Posture
Care Proceedings / Application for Leave to Attend Welfare Stage
Legal Issues
- 1 Should SS, a vulnerable child with learning difficulties, be permitted to attend the whole welfare stage of care proceedings?
- 2 What is the appropriate balance between SS's right to participate and his emotional welfare?
Ratio Decidendi
SS's application to attend the whole welfare stage is refused due to his significant emotional and cognitive vulnerabilities; limited attendance is permitted to safeguard his welfare while allowing meaningful participation.
Court Disposition
application refused in part; limited attendance granted
Orders
- SS to attend opening submissions of counsel
- SS to meet presiding Judge and Jurats in chambers to express views
Full Case Text
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