Jersey Unreported Judgments

Care order - application by the Minister for a full care order.

[2017]JRC147A

Royal Court

(Family)

13 September 2017

IN THE MATTER OF RICHARD (CARE ORDER)

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

Advocate N. S. H. Benest for the Minister.

Advocate C. R. Dutôt for the Mother and Grandmother.

Advocate H. J. Heath for the Father.

Advocate M. R. Godden for the Guardian.

judgment

the bailiff:

1.        The Court has had the opportunity of looking at the papers in advance of the hearing and speaking for myself I have the advantage of having sat on a number of directions hearings up till today.  The Court is satisfied that threshold is passed on the basis of the poor school attendance which Richard has and the significant management issues which have arisen in his life.  We are satisfied that is down to the standard of parental care offered to him being less than it should have been.

2.        Accordingly we have had to consider what order, if any, ought to be made at this stage.  It clearly is not a case which is appropriate for no order particularly because he is at the beginning of his GCSE course and it is essential that he goes to school as quickly as possible and it is obvious from what has happened over the last four or five months that despite every encouragement both to him and to his parents, we have not been able to see the progress made which was absolutely necessary in this boy's life so no order is clearly not an option.  A supervision order is not an option for similar reasons. 

3.        Accordingly the Court has looked at the factors which it has to consider for the purposes of the Children (Jersey) Law 2002.  It might have been a difficulty considering the wishes of the child up until today but we are really very gratified to hear that Richard himself acknowledges his need for help.  We acknowledge the guardian's comments and her statement has also been taken into account, her report dated 7^th September, which is extremely helpful and persuasive, and we would like to pay special tribute to her.  It has been useful for the Court. 

4.        Finally I want to say this to the mother.  These sorts of proceedings are never easy, they are never easy and you have shown a lot of courage actually in allowing this to go forward with your agreement today and your understanding.  As far as we are concerned, you are absolutely right to do that but it is bound to be difficult and the Court understands and respects that.  What it is obvious it does not mean at Richard's age is that you are losing him forever.  Of course you are not, that relationship will always be there and it is one that you need obviously to carry on working with and of course that goes for the grandmother as well. 

5.        And so the Court for all these reasons makes the care order, a full care order.  We endorse the care plan noting the comments which have been made by Advocate Dutôt on behalf of the mother and the comments of Advocate Heath on behalf of the father and noting that there is likely to be a regular review of the contact arrangements. 

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