P.B. v Tusla & Anor (Approved)

                  The applicant is the mother of N.B. who was born on 20 January 2016. N.B. was first taken into the care of the first named respondent pursuant to an order made under s. 17 of the Childcare Act 1991 (the Act of 1991) by Dundalk District Court on 19 February 2016. This was an �interim care� order and was extended on numerous occasions. A �care order� was made pursuant to s. 80 of the Act of 1991 by Dundalk District Court on 11 July 2017.

                  The applicant appealed the order of 11 July 2017 to the Circuit Court. The appeal was heard at Dundalk Circuit Court over a period of three days, 18 and 19 May 2021, and 21 June 2021. The order of the District Court was affirmed in respect of N.B. until he reaches the age of eighteen.

                  It would appear that these Judicial Review proceedings were opened in Court on 22 December 2021. In addition, the applicant also sought relief pursuant to Article 40 of the Constitution in proceedings having record number 2021/1830SS. By order of the High Court, 22 December 2021, both the Article 40 application and the within Judicial Review proceedings were adjourned to 17 January 2022 to be heard together. Directions were given as to service of affidavits.

                  On 4 April 2022, Mr. Alex McCluskey was appointed as guardian ad litem for N.B. and joined as a Notice Party in the proceedings. The respondent was on notice of the application for Judicial Review and opposed the application for leave. The guardian ad litem filed an affidavit sworn 10 June 2022 stating that no issue was being taken with the conduct and hearing of the appeal in the Circuit Court.

                  Following a further exchange of affidavits, this court directed that the applicant identify in writing, firstly, whether the application was brought within time and, secondly, the basis upon which the decision of the Circuit Court was being challenged by way of Judicial Review.