JR188 Application for leave to apply for Judicial review of a decision of the Northern Ireland Health and Social Care Trust on 18th July 2021
| Jurisdiction | Northern Ireland |
| Judge | Colton J |
| Judgment Date | 15 July 2022 |
| Neutral Citation | [2022] NIQB 55 |
| Date | 15 July 2022 |
| Court | Queen's Bench Division (Northern Ireland) |
1
Neutral Citation No: [2022] NIQB 55
Judgment: approved by the court for handing down
(subject to editorial corrections)*
Ref: COL11901
ICOS No: 21/65196/01
Delivered: 15/07/2022
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
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QUEEN’S BENCH DIVISION
(JUDICIAL REVIEW)
___________
IN THE MATTER OF AN APPLICATION BY JR188
FOR LEAVE TO APPLY FOR JUDICIAL REVIEW OF A DECISION OF THE
NORTHERN IRELAND HEALTH AND SOCIAL CARE TRUST ON 18 JULY 2021
___________
Ms Charlene Dempsey for the Applicant
Mr Andrew Montgomery for the Respondent
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COLTON J
Introduction
[1] I am obliged to counsel for their well-marshalled and ably presented written
and oral submissions.
[2] The applicant has had a troubled history arising from mental health issues,
substance misuse and periods of instability. As a result she has had involvement
with social services under the direction of the respondent Trust.
[3] On 19 May 2021 she attended a pre-birth case conference organised by the
Trust in respect of the pending birth of her third child. The meeting was attended by
a number of multi-disciplinary professionals who were tasked with identifying if
and how the applicant should care for her baby following birth. At the meeting it
was decided that the applicant’s unborn baby’s name should be placed on the Child
Protection Register at birth under the category of “Confirmed Neglect.” This was
primarily on the basis that in the course of her pregnancy she had consumed alcohol
and ingested a line of cocaine.
[4] The applicant availed of the Trust’s internal appeal process challenging the
categorisation of “confirmed neglect.” As part of the appeal she sought to have the
categorisation “quashed” and “eradicated” from the Trust’s records.
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