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