In the matter of Jack (Care proceedings) [2017] JRC 172 (19 October 2017)

In the matter of Jack (Care proceedings) [2017] JRC 172 (19 October 2017)

The threshold for an emergency protection order was met because the child, who was relatively immobile, suffered a serious, unexplained, and non-accidental injury, and the parents and other carers could provide no explanation. Immediate removal was necessary and proportionate to safeguard the child's welfare while further investigations were conducted.

Citation
[2017] JRC 172
Parties
Applicant: Minister; First Respondent: Mother; Second Respondent: Father
Jurisdiction
Jersey
Judgment Date
19 October 2017
Procedural Posture
Child Protection/emergency Protection Order / Application for Emergency Protection Order; Judgment on Application
Outcome
emergency protection order granted
Legal Topics
Emergency Protection Order, Significant Harm, Non Accidental Injury, Removal of Child, Welfare of the Child
Family Law Child Protection Emergency Protection Order Significant Harm Non Accidental Injury Removal of Child Welfare of the Child

Case Brief

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Parties

Minister

Applicant

Mother

First Respondent

Father

Second Respondent

Procedural Posture

Child Protection/emergency Protection Order / Application for Emergency Protection Order; Judgment on Application

Legal Issues

  1. 1 Whether the threshold for granting an emergency protection order under Article 37(1)(a)(i) of the Children (Jersey) Law 2002 is met
  2. 2 Whether the child's injury was accidental or non-accidental
  3. 3 Whether removal from parental care is necessary and proportionate

Ratio Decidendi

The threshold for an emergency protection order was met because the child, who was relatively immobile, suffered a serious, unexplained, and non-accidental injury, and the parents and other carers could provide no explanation. Immediate removal was necessary and proportionate to safeguard the child's welfare while further investigations were conducted.

Court Disposition

emergency protection order granted

Orders

  • Child to be removed to accommodation provided by or on behalf of the Minister pending further investigations.
  • No order as to contact, as satisfactory proposals for contact were contained within the care plan.