JR251, Application for Judicial Review [2023] NIKB 69 (07 June 2023)

JR251, Application for Judicial Review [2023] NIKB 69 (07 June 2023)

The process for placing children on the Child Protection Register, as set out in the guidance and applied in this case, is lawful and compliant with Articles 6 and 8 ECHR and common law. Procedural fairness does not require that parents be given a vote in case conferences; effective participation is sufficient. The applicant's rights were adequately protected, and the procedural failings were remedied by the appeal process. No arguable case with a realistic prospect of success was established.

Citation
[2023] NIKB 69
Parties
Applicant: JR251; First Proposed Respondent: Belfast Health and Social Care Trust; Second Proposed Respondent: Department of Health; Interested Party: AP (The father of KR); Notice Party: The Safeguarding Board (Notice Party)
Jurisdiction
Northern Ireland
Judgment Date
07 June 2023
Procedural Posture
Judicial Review / Application for Leave to Apply for Judicial Review
Outcome
Leave to apply for judicial review refused.
Legal Topics
Child Protection, Procedural Fairness, Article 6 ECHR, Article 8 ECHR, Judicial Review, Safeguarding Procedures
Public Law Family Law Human Rights Child Protection Procedural Fairness Article 6 ECHR Article 8 ECHR Judicial Review +1 more

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Parties

JR251

Applicant

Belfast Health and Social Care Trust

First Proposed Respondent

Department of Health

Second Proposed Respondent

AP (The father of KR)

Interested Party

The Safeguarding Board (Notice Party)

Notice Party

Procedural Posture

Judicial Review / Application for Leave to Apply for Judicial Review

Legal Issues

  1. 1 Whether the process for placing children on the Child Protection Register (CPR) is procedurally fair and compliant with Articles 6 and 8 ECHR.
  2. 2 Whether parents are entitled to a 'vote' in Child Protection Case Conferences under the relevant guidance and law.
  3. 3 Whether the Department of Health guidance and the Safeguarding Board procedures are lawful and Convention compliant.

Ratio Decidendi

The process for placing children on the Child Protection Register, as set out in the guidance and applied in this case, is lawful and compliant with Articles 6 and 8 ECHR and common law. Procedural fairness does not require that parents be given a vote in case conferences; effective participation is sufficient. The applicant's rights were adequately protected, and the procedural failings were remedied by the appeal process. No arguable case with a realistic prospect of success was established.

Court Disposition

Leave to apply for judicial review refused.