In the matter of Lucy (Care proceedings) [2014] JRC 212 (05 November 2014)

In the matter of Lucy (Care proceedings) [2014] JRC 212 (05 November 2014)

The application is refused because the Minister has not satisfied the Court that there is no substantial private detriment to the child from disclosure and publication of the SCR report. The risk to the child outweighs the asserted public interest, especially given the lack of statutory basis for SCRs in Jersey and the policy of publication of the report. The Court is not comfortable exercising its discretion to grant leave in these circumstances.

Citation
[2014] JRC 212
Parties
Applicant: Minister; Interested Party: Ms Glenys Johnston (Independent Chair of the Jersey Safeguarding Children Board); Respondent: Mother; Respondent: Child
Jurisdiction
Jersey
Judgment Date
05 November 2014
Procedural Posture
Application Under Children Rules 2005 for Leave to Disclose Documents / Judgment on Application for Leave to Disclose
Outcome
Application refused
Legal Topics
Disclosure of Documents, Serious Case Review (scr), Confidentiality in Care Proceedings, Welfare Principle, Publication of Reports, Balancing Public and Private Interests
Family Law Child Protection Data Protection Human Rights Disclosure of Documents Serious Case Review (scr) Confidentiality in Care Proceedings Welfare Principle +2 more

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Parties

Minister

Applicant

Ms Glenys Johnston (Independent Chair of the Jersey Safeguarding Children Board)

Interested Party

Mother

Respondent

Child

Respondent

Procedural Posture

Application Under Children Rules 2005 for Leave to Disclose Documents / Judgment on Application for Leave to Disclose

Legal Issues

  1. 1 Whether the Court should grant leave to disclose documents from care proceedings to the Jersey Safeguarding Children Board for the purposes of a Serious Case Review (SCR)
  2. 2 Whether the public interest in conducting an SCR outweighs the private interests and potential detriment to the child
  3. 3 Whether the Court can impose conditions on disclosure, particularly regarding publication of the SCR report

Ratio Decidendi

The application is refused because the Minister has not satisfied the Court that there is no substantial private detriment to the child from disclosure and publication of the SCR report. The risk to the child outweighs the asserted public interest, especially given the lack of statutory basis for SCRs in Jersey and the policy of publication of the report. The Court is not comfortable exercising its discretion to grant leave in these circumstances.

Court Disposition

Application refused

Orders

  • Leave to disclose documents to the Jersey Safeguarding Children Board for the purposes of a Serious Case Review is refused.