The High Court has refused to quash a decision of the Special Care Referrals Committee of the Child and Family Agency, which determined that the applicant minor who was exposed to drug taking and criminality did not require 'special care' under s.23F of the Childcare Act 1991. The court found that the committee, as an expert body, reasonably concluded that other care options had not been fully explored and that special care, being a measure of last resort, was not warranted at this stage. The court held that the committee's decision was neither irrational nor lacking in material to support its conclusions, affirming that the committee's expertise in assessing care requirements was appropriately applied.
Judicial review, Special Care Referrals Committee, Childcare Act 1991, s.23F, special care order, risk assessment, alternative care options, deprivation of liberty, family welfare conference, inherent jurisdiction, therapeutic rationale, CK v CFA [2019] IEHC 635, GH v Tusla Child and Family Agency [2025] IEHC 263, The CFA v NL & Ors [2019] IECA 109, rationality, expert decision-making body, last resort measure, reasonable cause, risk of harm, behaviour assessment.