WJ v Chief Executive Officer, Public Safety Business Agency

The applicant in this case sought a review of a decision made by the Chief Executive Officer of the Public Safety Business Agency, who had issued a negative notice concerning the applicant's eligibility for a blue card. The applicant contested the decision, arguing that an exceptional case existed which warranted a positive notice, despite the offence of physical aggression against a child. This case was heard and determined in the tribunal.

The legal issues before the tribunal were whether the exceptional circumstances existed to warrant a positive notice despite the offence, and whether it was in the best interests of the children for a positive notice to be issued. The applicant argued that her past conduct did not reflect her current character and that she was no longer a risk to children. The tribunal was required to consider the statutory criteria for issuing a blue card, and the public interest considerations that might impact the decision.

The tribunal found that the exceptional circumstances did not exist in this case. The applicant's past conduct of physical aggression against a child was significant and demonstrated a risk to children. The tribunal concluded that it was not in the best interests of the children for a positive notice to be issued. The tribunal also considered the public interest in protecting children and the importance of maintaining the integrity of the blue card scheme. The tribunal confirmed the decision of the Chief Executive Officer and made an order prohibiting the publication of the names of the applicant, her witness, and her children to protect their privacy.