In the matter of Q [2011] JRC 054 (11 March 2011)

In the matter of Q [2011] JRC 054 (11 March 2011)

Q was found to have sufficient understanding to instruct her own advocate, based on her cognitive ability, history of coherent instructions, and the assessment of her advocate. Welfare concerns raised by experts and the Guardian were not sufficiently strong to justify removing her legal representation at the late stage of proceedings.

Citation
[2011] JRC 054
Parties
Child: Q; Applicant: Minister; Guardian: Mrs Jane Ferguson
Jurisdiction
Jersey
Judgment Date
11 March 2011
Procedural Posture
Care Proceedings / Final Judgment and Order
Outcome
Q's separate legal representation to continue; final care order granted.
Legal Topics
Child Representation, Legal Competence, Welfare Considerations, Care Orders
Family Law Child Welfare Child Representation Legal Competence Welfare Considerations Care Orders

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Parties

Q

Child

Minister

Applicant

Mrs Jane Ferguson

Guardian

Procedural Posture

Care Proceedings / Final Judgment and Order

Legal Issues

  1. 1 Whether Q should continue to be separately represented by an advocate when her views differ from those of the Guardian
  2. 2 Whether Q is legally competent to instruct her own advocate
  3. 3 Whether welfare considerations require withdrawal of separate legal representation

Ratio Decidendi

Q was found to have sufficient understanding to instruct her own advocate, based on her cognitive ability, history of coherent instructions, and the assessment of her advocate. Welfare concerns raised by experts and the Guardian were not sufficiently strong to justify removing her legal representation at the late stage of proceedings.

Court Disposition

Q's separate legal representation to continue; final care order granted.

Orders

  • Q to continue to be represented by her own advocate until conclusion of proceedings.
  • Final care order made in favour of the Minister.