M v A Health and Social Care Trust; in the matter of S (a child) (arranging for a child in care to live outside Northern Ireland)
| Jurisdiction | Northern Ireland |
| Judge | Gillen LJ |
| Judgment Date | 2014 |
| Neutral Citation | [2014] NICA 73 |
| Year | 2014 |
| Court | Court of Appeal (Northern Ireland) |
| Date | 21 October 2014 |
1
Neutral Citation No. [2014] NICA 73 Ref: GIL9405
Judgment: approved by the Court for handing down Delivered: 21/10/14
(subject to editorial corrections)*
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
________
M
Appellant;
and
A HEALTH AND SOCIAL CARE TRUST
Respondent.
IN THE MATTER OF S (A CHILD) (ARRANGING FOR A CHILD IN CARE TO
LIVE OUTSIDE NORTHERN IRELAND)
________
Before: Girvan LJ, Coghlin LJ and Gillen LJ
________
GILLEN LJ (giving the judgment of the court)
Summary
[1] This judgment has been prepared in anonymised form in order to protect the
identity of a child. Nothing must be published which might reveal her identity or
that of her family.
[2] This is an appeal from the decision of O’Hara J made pursuant to Article 33 of
the Children (Northern Ireland) Order 1995 (“the 1995 Order”) approving
arrangements for a child to live outside Northern Ireland in a specialist unit in
Co Dublin where it is contended she will receive intensive care and support to undo
the damage which expert evidence suggests has been caused to her as a result of her
relationship with her mother.
[3] In this matter, the mother of the child has been identified as “M”, the child as
“S” and the applicant Health and Social Care Trust as “The Trust”.
[4] Mr O’Donoghue QC appeared on behalf of the mother with Mr Devine,
Ms Keegan QC appeared on behalf of the respondent Trust with Ms Sholdis and the
Guardian ad Litem was represented by Mr Maguire. Before O’Hara J the father of
the child had been represented by Mr Ritchie. In light of the narrow focus of the
2
appeal counsel understandably felt it unnecessary for the father to be represented by
solicitor and counsel in this appeal.
Article 33 of the 1995 Order
[5] Where relevant to this appeal, Article 33 provides as follows:
“[1] An authority may only arrange for, or assist in
arranging for, any child in its care to live outside
Northern Ireland with the approval of the court.
[2] An authority may, with the approval of every
person who has parental responsibility for the child,
arrange for, or assist in arranging for, any other child
looked after by the authority to live outside Northern
Ireland.
[3] The court shall not give its approval under
paragraph [1] unless it is satisfied that:
(a) living outside Northern Ireland would be in the
child’s best interests;
(b) suitable arrangements have been, or will be, made
for his reception and welfare in the country in
which he will live;
(c) the child has consented to living in that country;
and
(d) every person who has parental authority for the
child has consented to his living in that country.
[4] Where the court is satisfied that the child does not
have sufficient understanding to give or withhold his
consent, it may disregard (3)(c) and give its approval if
the child is to live in the country concerned with a parent,
guardian or other suitable person.”
[6] In the instant case, the mother, who shares parental responsibility with the
Trust, and the child have refused consent. The father, who does not have parental
responsibility, and who has not been involved in S’s life in any way since she was
approximately one year old, has consented to the child living in Dublin.
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6 cases
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D’s Application
...judgment of Baroness Hale in R and echoed by Gillen LJ in 18 the Northern Ireland Court of Appeal in M v A Health and Social Care Trust [2014] NICA 73. After careful consideration, we have reached the conclusion that, in the particular circumstances of this case, the applicant’s consent cou......
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A Health and Social Care Trust and A Mother and A Father and in the matter of OM (a male child ages 10 and 1/2 years)
...the court should follow the same approach as in cases involving freeing a child for adoption (see Re G (Minors) [1994] 2 FLR 301 and Re M [2014] NICA 73). Even though a move to the Republic of Ireland is considered to be in the child’s best interests, parental consent is still required, or ......
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A Health and Social Care Trust and Ms TA and Mr K and Mr C and Mr and Mrs SB and In the matter of Sam and Leah (Minors) (Residence Order: Declaration: Contact Order)
...set out above. In relation to a family assistance order, I require the consent of all parties. [19] In the Court of Appeal decision of S [2014] NICA 73 provides some guidance in relation to the application of Article 33 (paragraphs 30-31) as follows and the issue of consent (paragraphs 43-4......
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A Health and Social Care Trust and A Mother and A Father and in the matter of a female child ages 1 year)
...court should follow the same approach as in 5 cases involving freeing a child for adoption (see Re G (Minors) [1994] 2 FLR 301 and Re M [2014] NICA 73). Even though a move to the Republic of Ireland is considered to be in the child’s best interests, parental consent is still required, or it......
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