In the matter of Linda (Care Proceedings) [2018] JRC 207 (16 November 2018)

In the matter of Linda (Care Proceedings) [2018] JRC 207 (16 November 2018)

Linda's best interests require a therapeutic placement not available in Jersey. The statutory requirements under Paragraph 4(2) of Schedule 2 of the Children (Jersey) Law 2002 are satisfied: suitable arrangements are made, Linda lacks sufficient understanding to consent, and the father's withholding of consent is unreasonable. Approval is granted for the Minister to arrange for Linda to live outside Jersey.

Citation
[2018] JRC 207
Parties
Applicant: Minister for Children and Education; Third Respondent: Linda; Interested Party: Mother of Linda; Interested Party: Father of Linda
Jurisdiction
Jersey
Judgment Date
16 November 2018
Procedural Posture
Child Welfare Application / Final Judgment
Outcome
Application for secure accommodation order withdrawn; approval granted for off-Island placement.
Legal Topics
Secure Accommodation Order, Therapeutic Placement, Dispensation of Consent, Best Interests of the Child
Family Law Child Welfare Secure Accommodation Order Therapeutic Placement Dispensation of Consent Best Interests of the Child

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Parties

Minister for Children and Education

Applicant

Linda

Third Respondent

Mother of Linda

Interested Party

Father of Linda

Interested Party

Procedural Posture

Child Welfare Application / Final Judgment

Legal Issues

  1. 1 Whether the court should approve the Minister arranging for Linda to live in a therapeutic residential home in England under Paragraph 4 of Schedule 2 of the Children (Jersey) Law 2002
  2. 2 Whether Linda's consent can be dispensed with
  3. 3 Whether parental consent requirements are satisfied

Ratio Decidendi

Linda's best interests require a therapeutic placement not available in Jersey. The statutory requirements under Paragraph 4(2) of Schedule 2 of the Children (Jersey) Law 2002 are satisfied: suitable arrangements are made, Linda lacks sufficient understanding to consent, and the father's withholding of consent is unreasonable. Approval is granted for the Minister to arrange for Linda to live outside Jersey.

Court Disposition

Application for secure accommodation order withdrawn; approval granted for off-Island placement.

Orders

  • Leave granted for withdrawal of secure accommodation order application.
  • Approval under Paragraph 4 of Schedule 2 of the Children (Jersey) Law 2002 for the Minister to arrange for Linda to live outside Jersey.