In the matter of SS (Care Proceedings) [2012] JRC 045 (29 February 2012)

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

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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

  1. 1 Should SS, a vulnerable child with learning difficulties, be permitted to attend the whole welfare stage of care proceedings?
  2. 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