Re Miki (No 2)

The parties in this case are the Department of Communities and Justice, as the applicant, and a neurologically affected child, Miki, who had been under secure accommodation orders since November 2022. The dispute pertains to the granting of transition leave to allow Miki to move to a different placement, despite concerns about the significant risk of sexual abuse and the child's self-harming behaviours. The matter was heard in the Family Court of Australia.

The legal issues before the court were whether transition leave should be granted to Miki, considering the risks associated with moving to a distant placement and the benefits of continuing in the existing secure accommodation program. The court had to assess whether the potential risks of the move were outweighed by the benefits of transitioning to a new environment, which could provide Miki with a better opportunity to integrate into the community.

In delivering the decision, the court considered the progress Miki had made through a protective care and transformative program, which had helped to restore the child to a life in the community with appropriate health and educative supports. The court emphasised the importance of balancing the risks of the move against the benefits of further confinement within the existing program and facility. The court concluded that transition was appropriate, as keeping Miki in the current placement could lead to diminishing returns and potentially prolonged delay. The court's protective jurisdiction enabled it to address any setbacks that might arise if risks materialised.

The Family Court granted leave for Miki to transition to the proposed placement, recognising the need to balance the risks and benefits of the move against the potential benefits of continued confinement in the existing program. The court's decision was based on the assessment that no closer acceptable alternative placement was readily available and that the proposed placement was in the best interests of the child.