Agency challenge judge’s decision directing it to place child in the care of her parents

Girl missed over half of her schooldays in the past three years

Ms Justice Iseult O’Malley: granted the ex parte (one side only) application for leave for judicial review and returned the matter to later this month

Ms Justice Iseult O’Malley: granted the ex parte (one side only) application for leave for judicial review and returned the matter to later this month

Tue, Jul 15, 2014, 01:00

The Child and Family Agency is challenging a judge’s decision directing it to place a child in the care of her parents after finding the child had been neglected by her mother, said to have a drug problem but to be receiving treatment.

The agency sought an interim care order, saying it had serious concerns for the girl, who missed over half of her schooldays in the past three years, and her mother.

The matter came before Judge Colin Daly at Dublin District Court who earlier this month made an interim care order directing the child be placed in the care of her parents whom he directed must fully participate in support meetings and various programmes.

When the judge directed the agency to place the child in the care of her parents, the agency objected but the judge said he was entitled to make the order under section 47 of the Child Care Act.

In High Court proceedings, the agency, which has taken over HSE responsibility for child welfare and protection services, claims the District Court judge erred in law in directing the child be placed in her parents’ care .

Ms Justice Iseult O’Malley granted the ex parte (one side only) application for leave for judicial review and returned the matter to later this month.