Downey's (Thomas) Application
| Jurisdiction | Northern Ireland |
| Judge | Higgins J |
| Neutral Citation | [2000] NIQB 10 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 10 May 2000 |
1
Neutral Citation no. (2000) 2083
Ref:
HIGF3198
Judgment: approved by the Court for handing down Delivered:
10/05/00
(subject to editorial corrections)
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
________
QUEEN’S BENCH DIVISION (CROWN SIDE)
________
IN THE MATER OF AN APPLICATION BY THOMAS A DOWNEY FOR JUDICIAL
REVIEW
________
HIGGINS J
This is an application for judicial review of several decisions by His Honour Judge McKay QC
sitting at the Family Care Centre, Craigavon between and including 17 August 1999 and 5 January
2000. The applicant is the father of NBMcG (N) who was born on 3 July 1994 and is now aged 5
years and 9 months. She is the daughter of P McG with whom the applicant co-habited until 1997
when the couple separated. PMcG was granted a residence order in respect of N in February 1998. In
June 1998 the applicant applied at Newry Family Proceedings Court for a contact order. At the end of
1998 social services became involved. A welfare report was prepared by Mr J McGuigan a senior social
worker employed by Newry and Mourne Health and Social Services Trust for a court hearing at the
Family Proceedings Court on 9 March 1999. Mr McGuigan recommended an interim contact order.
On 2 July 1999, over one year after the proceedings commenced, an order refusing contact was made.
On 15 July 1999 the applicant appealed to the Family Care Centre. A directions hearing was held on
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17 August 1999 and the case listed for hearing on 9 September 1999. On this date no hearing took
place but further directions were given. At the applicant’s request it was directed that a welfare report
be completed by a senior social worker other than Mr McGuigan. No evidence of bias or improper
conduct on the part of Mr McGuigan was adduced by the applicant. The report directed was to be
lodged on or before 8 November and the appeal was adjourned to 11 November 1999 when the
author of the report was directed to attend.
In or around June 1999 Newry and Mourne Health and Social Services Trust contracted with
the Newry Family Resource Centre for the Family Resource Centre to administer requests by the
courts in the Trust’s area, for welfare reports under Article 4 of the Children (NI) Order 1995. Newry
Family Resource Centre is a Barnardos project. The staff are employed by Barnardos and the project is
funded in part by the Newry and Mourne Unit of Management Social Services Department. In
accordance with the pilot scheme then in operation the directions of the Family Care Centre dated 9
September 1999 were sent by Newry and Mourne Health and Social Services Trust to the Newry
Family Resource Centre for a report to be prepared for the court. Mr Gerry O’Hanlon a qualified
social worker and Project Leader at the Newry Family Resource Centre was deputed to prepare the
report. He interviewed each of the parties and also spoke to Mr McGuigan. He then prepared his
report dated 4 November 1999 in which he referred to the report written by Mr McGuigan. On 11
November 1999 Mr O’Hanlon attended the Family Care Centre. The applicant objected to the report
being received in evidence because it disclosed (a) that the report of Mr McGuigan had been
considered by Mr O’Hanlon and (b) that Mr O’Hanlon had spoken to Mr McGuigan. The applicant
submitted that a social worker was an expert witness and as such, was someone to whom the guidelines
on expert witnesses contained in such cases as “The Ikarian Reefer” National Justice Compania S.A. v
Prudential Assurance Co. Ltd 1993 2 Lloyds Reports 68, should apply. His Honour Judge McKay QC
acceded to this application and the report was not received into evidence. An interim contact order
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