Re M (No 5) - BM v Director-General, Department of Family and Community Services and Ors

The proceeding concerned a mother's application for judicial review of a decision made by the District Court, which had affirmed a decision of the Children's Court. The core of the dispute involved the Director-General's compliance with statutory obligations concerning the development of Care Plans for children in out-of-home care. The matter was heard by Macfarlan and Ward JJA, and Sackville AJA.

The primary legal issue before the appellate court was whether the District Court's decision disclosed an error of law. Specifically, the court had to determine whether the Director-General had fulfilled the requirement under section 78(3) of the *Children and Young Persons (Care and Protection) Act 1998* (NSW) to make the relevant Care Plans as far as possible with the agreement of the mother.

The court reasoned that the District Court had correctly considered the evidence before it and had not erred in law in its findings. The appellate court found that the Director-General had made reasonable efforts to involve the mother in the development of the Care Plans, and that the District Court's affirmation of this position was sound. The appellate court concluded that the mother's grounds for judicial review were not made out.

The Summons filed on 17 June 2013 was amended to correctly identify the First Respondent as the "Director-General, Department of Family and Community Services". The Summons was otherwise dismissed.