EQE v Children's Guardian

The parties involved in the case were EQE and the Children's Guardian. The dispute revolved around a Working With Children Check Clearance which EQE applied for but was denied by the Children's Guardian. The matter was heard in the relevant court, which is not explicitly stated in the text provided. The court was tasked with determining whether the Children's Guardian's decision to deny EQE's application for a Working With Children Check Clearance was lawful, rational, and in accordance with the provisions of the Child Protection (Working with Children) Act 2012.

The court needed to decide if the Children's Guardian's decision was justified based on the circumstances of the offence and the risk assessment conducted. The legal issue at hand was whether the decision made by the Children's Guardian was unreasonable and thus subject to judicial review. The court had to consider if the decision was made without proper consideration of the relevant factors, if there was an error in the interpretation of the law, or if the decision was otherwise outside the scope of the authority granted under the Act.

In reaching its decision, the court found that the Children's Guardian's decision was indeed unreasonable. The court set aside the decision made on 22 February 2021 and ordered the Children's Guardian to issue a Working With Children Check Clearance within 28 days from the date of publication of the decision. Additionally, the court extended the time for EQE to file an application to review the decision to 29 March 2021.