Case 44: Aboriginal children returned to the care of their grandmother

Photo by Gary Radler

Four Aboriginal siblings were placed in protective care because of concerns for their safety. At first, the children were placed in a non-Aboriginal home and separated from one another. Their mother Catherine Sanding then successfully applied to have the siblings reunited and returned to the care of their maternal grandmother. The court considered (among other things) how this decision would impact on the human rights of the children, and, in particular, their cultural and spiritual identity and connection with their Aboriginal family and the wider community. The court upheld the decision to return the children to their grandmother.

Source: Secretary to the Department of Human Services v Sanding [2011] VSC 42. See our case summary here: https://www.hrlc.org.au/human-rights-case-summaries/secretary-to-the-department-of-humanservices-v-sanding-2011-vsc-42-22-february-2011