Nakhid sends Government legal letter over licensing of children's home

OPPOSITION Senator David Nakhid on Friday sent a pre-action protocol letter to Minister in the Office of the Prime Minister Ayanna Webster-Roy, over the continued licensing brouhaha surrounding the Margaret Kistow children's home.

The letter was attached to a UNC statement sent to media houses. The letter was headlined, "Re: Unlawful decision to allow Margaret Kistow Home to operate."

The statement alleged that Webster-Roy had told the Children's Authority to not revoke the home's licence but uphold its (the home) appeal against revocation.

The UNC statement said such an instruction was "controversial and highly disturbing."

It added, "The Margaret Kistow Home was identified in the recent Justice Judith Jones report and recommended it be immediately closed.”

The statement said it was "unthinkable" that these warnings could be ignored, for the Children's Authority to be ordered to grant this home a license to operate.

It said Nakhid's legal team has given the minister seven days to explain her decision.

The pre-action protocol letter cited the basis of Nakhid's actions as being a recent newspaper editorial.

It alleged the minister had "exercised your power pursuant to Section 14 (2)c Children’s Community Residences Foster Care and Nurseries Act to direct the Children’s Authority to withdraw the revocation of a licence and seemingly uphold an appeal against such revocation by the Margaret Kistow Home."

The letter said under the act the Children’s Authority was a specialist body responsible for the licensing, monitoring of licensed activities and revocation of such licenses if necessary.

"As a specialist body, it must be presumed that the Children’s Authority recommended the revocation of the license on good and persuasive grounds."

The letter cited the editorial saying the minister had “instructed” the authority to engage the licensing process for the home, which the Jones committee had hit as dangerous for children.

"The report felt strongly enough to recommend the home’s immediate closure for fear of a 'catastrophic event that will have high losses'.”

The letter said only cogent evidence should overturn the authority's decision.

"We need not remind you that the protection of children in our society is a duty which falls upon each and every citizen. This principle is mirrored in the Children Act which, for instance, creates an offence if a person is aware of child abuse and fails to report same.

"Our client, who is a public-spirited citizen, considers himself duty-bound to prosecute this matter in the national interest and is prepared to institute immediate judicial review proceedings in order to scrutinise your decision to effectively keep this facility open to the possible detriment and harm of the children residing therein."

The letter requested the minister give reasons for her alleged decision pursuant to Section 16 of the Judicial Review Act, plus copies of all documents/materials informing her decision within seven days.

The letter was signed by attorney Kavita Anita Moonasar of Sovereign Chambers. Newsday was unable to contact Webster-Roy for a comment.