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The Court of Appeal dismissed an appeal by a father acting on behalf of his 16-year-old son, challenging the Child and Family Agency's decision not to apply for a special care order. The High Court had previously refused to quash the Agency’s decision, finding it reasonable and rational, and the Court of Appeal affirmed that outcome. The court held that the Agency had properly exercised its expert judgment and was not irrational in concluding that alternative care options for the child had not been fully exhausted. It found that reasons for the Agency’s decision were adequately conveyed and that it could disagree with the referring social work team without being irrational, especially given that special care is to be used only as a measure of last resort. The appeal was therefore refused.
judicial review – special care order – Child and Family Agency – threshold for special care – care requirements – behavioural risk – residential placement – decision-making by expert body – statutory interpretation – rationality of decision – adequate reasons – appeal dismissed – Children’s rights – Article 42A of the Constitution – Child Care Act 1991
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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