Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
|
or click here to request site subscription to search and view all judgments |
High Court finds that it has jurisdiction to make orders and give directions where necessary, in particular to retain in position a guardian ad litem, where a special care order has ceased to be in effect, on the grounds that: (a) as such a situation is not addressed in the legislative schema in the amended applicable legislation, the Oireachtas did not intend to interfere with the inherent jurisdiction of the High Court on this point; (b) the central concern in the case was the vindication of the rights of the child and that where the child was being transferred into a step-down placement, the guardian appointed by the court must remain involved after the discharge or expiry of the special care order so as to put the child's interests before the court; and (c) exercising such jurisdiction was doing no more than in other cases where the court puts a matter in for review after the proceedings are spent.
Application relating to a child who had been subject to interim special care order and then special care order - second respondent had been appointed as guardian ad litem since outset of proceedings - special care order expired and child moved to step-down placement - subsequent placement only determined in final week of special care order - second respondent seeking to remain as guardian to ensure that the child's welfare needs were met - Child Care Act 1991, as amended - Part IVA sets out new legislative scheme in force as of 31 December 2017 - prior to enactment of Part IVA High Court had power to review cases once special care order had ceased - no specific provision in Part IVA providing otherwise - whether once a special care order ceases the only recourse is a s. 47 application to the District Court - whether High Court retains inherent jurisdiction to review a case after the special care order ceases.
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.
The only e-mail alert service for all Irish judgments over the past 13 years. Click here to request a subscription.
Register Now