Jersey Unreported Judgments

Interim Care Order

[2021]JRC156

Royal Court

(Samedi)

14 June 2021

Before     :

J. A. Clyde-Smith O.B.E., Commissioner, and Jurats Blampied and Ronge

 

IN THE MATTER OF RR (INTERIM CARE ORDER)

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

Advocate H. J. Heath for the Minister.

Advocate L. K. Helm for the First Respondent

Advocate J. F. Orchard for the Second and Third Respondents.

Advocate D. C. Robinson for the Child. 

judgment

the COMMISSIONER:

1.        This is an application by the Minister for a care order, which he wishes to adjourn without applying for an interim care order, and on the basis that RR, who is aged 15½ years, should be assessed by a psychologist, a paediatrician and an educational psychologist. 

2.        RR lives with his maternal grandparents who have parental responsibility through a residence order in their favour.  The mother is not able to care for RR, but has contact with RR once a week.  The situation in respect of RR can only be described as extreme.  Time does not permit us to go into the extensive history but suffice it to say very much by way of summary:-

(i)        RR has been known to the Children's Services for many years.

(ii)       RR has not accessed education for some 2 years.

(iii)      RR seldom leaves his room or allows anyone into it.  Conditions in the room, when occasionally seen, are dire.

(iv)      RR is thought to spend excessive time on the internet, but no one knows what is being accessed.

(v)       RR has been diagnosed with gender dysphoria, ADHD and ODD.

(vi)      RR has refused to engage with the Children's Services and there have been many incidents of violence and threats of violence on RR's part against the maternal grandparents and others, in particular following visits of social workers.

3.        The maternal grandparents have said, as long as two years ago, that they are unable to control RR and therefore unable to exercise parental responsibility over RR.  RR is managed by the Children's Service calling off any child protection visits because of the disturbances they give rise to, and the maternal grandparents have understandably backed away from exercising any kind of control to avoid the risk of violence.  In effect, it seems to us, that RR has been managed by non-intervention for many years which is manifestly not in his best interests. 

4.        Without any disrespect at all to the maternal grandparents, with whose predicament we very much sympathise, this is, as the Guardian says, a case of chronic neglect which has gone on for years.  There have been incidences of violence this year with the police being called in by the neighbour.  The maternal grandparents very much rely on the neighbour to notify the police when there are issues, a situation which Advocate Orchard has rightly described as completely untenable.  The need to find an alternative placement for RR was recognised by the Children's Service over two years ago but nothing has come to fruition. 

5.        In terms of jurisdiction we are satisfied that the threshold for the making of an interim care order is met and we so find.  But, the key issue for us is whether we should make an interim care order giving parental responsibility to the Minister now, as requested by the maternal grandparents, the mother and the guardian or whether we should await the outcome of the psychologist's report which might be available in some five weeks' time as requested by the Minister.

6.        It is clear that as of this moment the Minister does not have a placement for RR and says he needs the psychological report before one can be found.  In the interim the Minister envisages RR remaining in the maternal grandparent's home, a placement that is not safe for RR or for the maternal grandparents. 

7.        There has been some discussion about how the psychologist will approach RR and the chances of RR engaging with him.  The Minister hopes that the guardian and RR's lawyer will be able to establish some level of engagement for this to happen.

8.        It is not however for this Court to prescribe how these matters should be managed, as we are in no doubt that we cannot leave RR in this state of neglect, living with grandparents who cannot control RR and who are at serious risk of violence.  In our view we have no option but to make an interim care order placing parental responsibility where it should be, with the Minster, and we so order.

9.        We acknowledge that the decisions which the Minster will have to make will be difficult, but where no one is there to exercise parental responsibility it falls upon the Minister to do so.  He has the expertise and resources at its disposal for that purpose.  We are sure that the Minister will work closely with the guardian and with the maternal grandparents and the mother and that urgent steps will be taken by the Minister to remove RR from his current placement of chronic neglect to a placement in which he is safe. 

10.      We do not think it is necessary to have another hearing on 30^th June as we will be directing the parties shortly to fix dates for a directions hearing, an issues resolution hearing and a final hearing. 

11.      Turning to the draft order (which is in the bundle), and with the consequential amendments that have now been made to paragraph 2, having made an interim care order, turning to the directions, paragraph 5 that will be amended to make it clear that the instruction will be done within 7 days of today and we also think we should add in there that the report of the psychologist should be undertaken if possible having seen RR but if that is not possible on the papers.

12.      In terms of paragraphs 6 and 7 we will give those directions, but the paediatrician and the educational psychologist respectively will be instructed at a time to be agreed between the parties, it being accepted by everyone that RR should not be overloaded at this stage.

13.      There are a number of typographical errors which the Greffier has kindly drawn to our attention in the remainder of the directions but in substance we give the remaining directions numbers 8 through to 18. 

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