The Minister for Health and Social Services v A (the mother)

• Jurisdiction: Jersey
• Court: Royal Court
• Judge: Deputy Bailiff
• Judgment Date: 13 February 2018
• Neutral Citation: [2018] JRC 36
• Date: 13 February 2018

[2018] JRC 036

Royal Court

(Family)

Before:

T. J. Le Cocq, Esq., Deputy Bailiff, and Jurats Blampied and Ramsden.

IN THE MATTER OF ELLIOT (CARE PROCEEDINGS)

AND IN THE MATTER OF THE CHILDREN (JERSEY) LAW 2002

The Minister for Health and Social Services

Applicant

and

A (the mother)

Respondent

Advocate H. J. Heath for the Minister.

Advocate C. R. G. Davies for the Respondent.

Authorities

Children Rules 2005.

Minister for Health and Social Services v KG and Ors [2009] JRC 076 .

London Borough of Southwark v B [1993] 2 FLR 519

Care proceedings — application by the Minister to withdraw his application for a supervision order and discharge the interim care order.

Deputy Bailiff

THE

1 This is an application on the part of the Minister for leave under Rule 9 of the Children Rules 2005 to withdraw his application for a supervision order and also for the discharge of an interim care order made by this Court on 1 ^st September last year.

2 We have had regard to the principles set out in the Minister for Health and Social Services v KG and Ors [2009] JRC 076 in which the Court, citing a comment made in the Court of Appeal case in England of the London Borough of Southwark v B [1993] 2 FLR 519, said this

“The paramount consideration for any court dealing with a r 4.5 [equivalent that is of Rule 9] application is accordingly the question whether the withdrawal of the care proceedings would promote or conflict with the welfare of the child concerned. It is not to be assumed, when determining that question, that every child who is the subject of care proceedings derives an automatic advantage from having them continued. There is no advantage to any child being maintained as the subject of proceedings that have become redundant in purpose or ineffective in result. It is a matter of looking at each case to see if there is some solid advantage to the child to be derived from continuing the proceedings.”

3 We have had put before us a number of reports some historic and some more recent and in particular the reports of Miss Elizabeth Yates who is the current Social Worker in connection with this matter. Miss Yates gave evidence before us, as indeed did the Guardian, Mrs Fernandes, and both were supportive of the Minister's application. They speak to a real connection between the mother and Elliot (not his real name) and they point to the enormous strides that the mother has made. Parenting is...