High Court denies Tobago children's home licence to operate

A TOBAGO-based children’s home refused a licence to operate because of allegations of sexual impropriety at the institution, has lost its challenge of that decision.

In a brief written decision, Justice Ricky Rahim dismissed the home’s appeal of the decision after determining that although it was late in challenging it, even if given an extension to do so, the prejudice to the children outweighed any disadvantage the home was likely to suffer.

“The welfare of children in the view of the court is a very heavy consideration,” Rahim said.

He said in determining the merits of the home's application for a licence, one would not have been granted to it.

The Sylphil Home in Love, in Lambeau, Tobago, lost its licence in 2022. In a statement back then, the Children’s Authority said it refused the home’s application for a licence and ordered it to cease its operations.

The authority, in its statement, added, “The move to cease operations at the Sylphil Home is consistent with the authority’s efforts to ensure the best interest and overall welfare of children in care.

The authority said it will continue to advocate for the care, protection and rehabilitation of all children as “we defend and support child rights and make child protection everybody’s business.”

After attempting to make a case to Minister Ayanna Webster-Roy, who holds the portfolio for gender and child affairs, it then approached the High Court for relief, naming the minister and the authority as defendants in its challenge.

Sylphil Home in Love was one of three children's homes in Tobago, but the only one that was unlicensed at the time.

The action against the Lambeau-based facility by the authority arose from allegations of sexual impropriety by one child to others at the home.

It was alleged that victims reported the incidents of sexual impropriety to the home’s manager who failed to report it and who, in turn, threatened violence against a child victim who raised the allegations. The authority informed the Sylphil Home in Love an investigation had been started and it was expected that the home would co-operate with the police.

On June 6, 2022, the authority informed Sylphil Home in Love that it was refusing its application for a licence.

The home had 14 days to appeal the authority’s decision to the minister in charge of child affairs. It instead, wrote to the authority on the eve of the deadline, asking it to revisit its decision on licence.

The home sent a pre-action letter to the authority but only a month later, on July 25, seemingly realising it did not appeal the authority’s decision as provided by statute, wrote to the minister in an attempt to challenge the decision on the licence.

The minister held that she did not have the power to extend the time to allow the home to appeal.

This, however, was rejected by the judge who said she did have an implied power to do so.

Nevertheless, Rahim said in looking at the issue afresh, the welfare of the children was a priority.

“The welfare of children in the view of the court is a very heavy consideration and in this case

would have overridden the prejudice likely to be suffered by the closure of the school as a

consequence of the refusal of the licence.”

He said any consideration of prejudice when juxtaposed against the allegation of sexual impropriety, had to take into account the consequences of allowing the school to remain functional and the likely injury to other children there.

“In such a case where the weight lies is obvious, namely that protection of the children carries substantially more weight.

“In so saying it must be noted that the court is not saying that the claimant was guilty of any of the allegations but the assessment to be made must be made on the basis of what may happen if the allegation is true.”

He said the home did not provide any reason for its delay in appealing the authority’s decision or the prejudice to the children.

“...The submission by the claimant that the alleged offending children had been removed provides no answer to the issue as the allegation is that of failure to take steps to secure the welfare of the victims by the management of the home after being informed of the complaints.”

He also said in determining the merits of the application, the home’s appeal must be dismissed.

According to the facts presented to the judge to consider, the home, in its eventual complaint to the minister, said it was not given an opportunity to be heard on the allegations of sexual impropriety at the school.

It said on May 28, 2022, it was told of the investigation by the authority and ten days later, the children were taken away from the home.

On June 8, 2022, a day later, the licence was refused.

The home said in its appeal to the High Court that it continuously had children since 2013 with varying backgrounds of trauma.

It also said there were repeated demands from the authority to prepare the home for the grant of a licence.

The home further contended it had to spend money to convert a private residence to fulfil the authority’s demands and that it was the one of its kind that allowed children who reach of age to be discharged to remain until they have transitioned into society.

The judgment also said there were three children who were with the home since they were toddlers and the children are not being schooled.

The action against the Sylphil Home in Love followed the laying of a report in the Parliament alleging child abuse at various children’s homes in the country.

The report was the result of a five-month investigation from a Cabinet-appointed team led by retired Appeal Court judge Justice Judith Jones.

It highlighted the inability of the Children’s Authority to protect some children from abuse.

In May 2022, the manager and matron of the Sylphil Home in Love, Susan Phillips-Jack, told Newsday her institution was no “no fly-by-night operation.”

She was responding to the authority’s decision to shut down the institution. Although unlicensed, the home had received a stipend from the Tobago House of Assembly.

The home was represented by Samantha Lawson while the minister was represented by Sasha Sukhram and Tiffany Kissoon while the authority was represented by R Joseph, Lisanne Laloo and Rachaelle Lamont-Charles.

Questions have been sent to the authority for an update on the investigations of the allegations raised by children at the home.