THE HIGH Court has overturned a conviction and a €1,750 fine for contempt of court imposed on the Health Service Executive (HSE) by a District Court judge over social workers not being in his court in connection with a childcare application.
The HSE had complained that the conviction and fine was unfairly imposed by Judge Anthony Halpin in circumstances where the social workers were unaware of an intention to raise an access matter again as it had been dealt with the previous day.
The HSE said it had brought the challenge to the decision because it was concerned about the "demoralising" effect it could have on the social workers involved.
On the application of Paul Anthony McDermott, for the HSE, Mr Justice Peter Charleton yesterday struck down Judge Halpin's orders convicting and fining the HSE.
Mr Justice Charleton said while he was satisfied the correct procedure would have been for Judge Halpin to give the HSE an opportunity to respond to the charge of contempt, he was not impugning Judge Halpin as mistakes could be made, especially when judges were dealing with heavy lists in relation to difficult matters.
While he was satisfied it was not contempt of court to merely not appear, the correct way of dealing with this would have been to give some time to the HSE to respond.
The judicial review arose after childcare proceedings were heard on May 15th last relating to a mother of two with whom there had been an issue about access to the children during a first Holy Communion.
Mr McDermott said social workers and the woman had agreed arrangements on May 15th and the case was due to be mentioned only before Judge Halpin on May 16th in the District Court. A solicitor for the HSE who was in court that day for another case had attended the childcare matter out of courtesy at the request of the mother's solicitor.
Although there had been no notification of an intention to do so, the Communion access issue was raised again and Judge Halpin asked why the social workers involved were not in court.
Counsel said the judge was told they were not supposed to be there as the case was only for mention.
Judge Halpin had expressed his unhappiness there was nobody for the health board in court. He had said he often fined parents for not being in court and therefore he was going to fine the HSE for not being present.