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High Court dismisses, on the grounds of being moot, an application for judicial review by parents of an infant of a decision granting an emergency care order made in their absence, in circumstances where a contested hearing for the emergency care order was heard with both parties present the day after its granting, and the child was removed from the care of the respondent agency several weeks later.
Family law - applicants claimed a declaration that an emergency care order made in July 2015 respect of their child was made in breach of the principles of natural and constitutional justice - infant was born in May 2015 - in July 2015 a public health nurse called to the home to visit the infant and it is alleged that there was significant bruising on the infant's body and head - respondent suggests that the cause for the bruising has never been satisfactorily explained - a consultant paediatrician who authored a medical report on the child in July 2015 stated that the nature of the injuries were likely to be non-accidental - emergency care order was made on 7 July 2015 in absence of parents who respondents say were notified - case was heard with both parties present on 8th July 2015 and the judge declined to vacate the order made the previous day - child was discharged from hospital that day to the care of her maternal grandmother - on 10 July 2015 the applicant made an application to the High Court for an enquiry pursuit to Article 40 of the Constitution into the lawfulness of the infant's detention by the respondent - the applicant's were given leave to seek judicial review at that application - an interim care order was granted on 14 July 2015 - on 22 July 2015 the applicant gave an undertaking to the court that they would move in which the infant's maternal grandmother and in lieu of an interim care order a supervision order was granted - as of that date the child is no longer under the care of the respondent - issue of mootness - applicants' claim is moot - application dismissed.
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