In the matter of the T Children

In April 2008, the three elder children were taken into Brig-Y-Don. In June 2009, the three older children moved out of Brig-Y-Don, the two boys to one pair of foster carers, and the eldest girl to different foster carers. Quite recently the boys were separated to different foster carers. The youngest child had been placed in voluntary foster care in February 2008, and this was continued when the interim care order was made.

The Minister's application for a full Care Order is based on allegations of possible physical abuse, neglect during pregnancy, neglect of physical well-being, emotionally abusive parenting and emotional harm through witnessing domestic violence.

The Minister's application is supported by the Guardian for the children. The mother, who has sole parental responsibility for each of the four children, neither consents to the application for a full Care Order, nor opposes it, but rests on the wisdom of the Court.

In those circumstances the first issue which has arisen is the extent to which it was necessary for the Court to engage in a detailed examination of the evidence.

The Minister contends that given that the Minister and the Guardian consider the threshold test in Article 24 of the 2002 Law is met, and the mother rests on the wisdom of the Court, the Court's duty to investigate the question as to whether or not a full care order should be made is curtailed. Reliance is placed on Devon CC-v-S [1992] 2 FLR 244 and in particular on the judgment of Thorpe J (as he then was) where he said:-