D, Re

����������� The applicant in this case is the North & West Belfast Health & Social�Services Trust (hereinafter called "the Trust").� The respondent is [RMcG] (hereinafter referred to in this anonymised judgment as "RMcG".� The Trust seeks the leave of the court to apply for the exercise of the court's inherent jurisdiction pursuant to Article 173 of the Children (NI) Order 1995 (hereinafter referred to as Article 173) to issue an injunction preventing RMcG from contacting or associating or communicating with the child, D, until further order.�

����������� I have already given two judgments in connection with this child.� First, in Re: D (A Child) (Article 53(2) Order) (unreported February 2001) ("the first hearing").� I refused an application by the Trust for an order prohibiting contact between D and RMcG pursuant to Article 53(2) of the Children (Northern Ireland) Order 1995 ("the 1995 Order").� I refused that application because I had concluded that Article 53(2) was not meant to be used in the prohibitory fashion as contended by the Trust.

����������� A second judgment in the case of this child was given in Re: D (A Child) (Secure Accommodation Order) (unreported 22 February 2001) ("the second hearing").� On that occasion I acceded to an application by the Trust that a secure accommodation order pursuant to Article 44 of the 1995 Order should be made in the case of this child, the order to expire within 2 months from the date of the order.�

����������� Notwithstanding the fact that she was on bail, evidence had been given before me that subsequently she had attempted to make contact with him in the precincts of the High Court by touching his hand.�

����������� On 28 February 2001 notwithstanding the order I had made, D absconded from Shamrock Unit at Rathgael and remains missing to this date.� I now understand that he is no longer at large.� Subsequently the matter again appeared before me when the Trust sought and obtained from the court a recovery order in respect of D, pursuant to Article 69 of the 1995 Order.� Judy Ferguson, senior social worker employed by the defendant, in an affidavit dated 12 March 2001, the contents of which are unchallenged by the respondent, states: