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The High Court has directed the Child and Family Agency to furnish the applicant, a qualified social care worker, with reasons for its decision to deem her historical abuse allegations as unfounded. The applicant's allegations, initially categorised as "serious concerns" in 2017, were reassessed over a five-year period, leading to a final decision in December 2022, which was not communicated to her until July 2023 and lacked any explanation. The court found that the Agency's failure to provide reasons for its decision, especially given the change from its earlier position, rendered judicial review ineffective and amounted to unfairness, necessitating intervention.
Child and Family Agency, historical abuse allegations, judicial review, locus standi, fair procedures, duty to give reasons, Child Care Act 1991, European Convention on Human Rights (ECHR), Child Abuse Substantiation Procedure (CASP), administrative law, public law decision-makers, Article 42A of the Constitution, welfare of the child, natural and constitutional justice, risk assessment, founded or unfounded allegations, procedural fairness, transparency.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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