The appellant was 15 years old and subject to a full care order. The local authority proposed that she be detained in a unit which was not an approved children’s home, and sought authority from the High Court for the restriction of the child’s liberty, relying upon the inherent jurisdiction.
Held: The Court pointed to the shortage of approved secure children’s homes. There were ‘many applications being made to place children in secure accommodation outside the statutory scheme laid down by Parliament’
Judges:
Sir Andrew Mcfarlane
(President of the Family Division)
Lord Justice Moylan
And
Lord Justice Peter Jackson
Citations:
[2018] EWCA Civ 2136, [2019] 1 FLR 965, [2020] Fam 1, [2019] 1 FCR 322, [2019] 2 WLR 1173
Links:
Jurisdiction:
England and Wales
Cited by:
Appeal from – Re T (A Child) SC 30-Jul-2021
This appeal concerns a particular aspect of the use of the inherent jurisdiction of the High Court to authorise a local authority to deprive a child of his or her liberty. . .
Cited – In re D (A Child) SC 26-Sep-2019
D, a young adult had a mild learning disability and other more serious conditions. He was taken into a hospital providing mental health services. The external door was locked, and a declaration was sought to permit this deprivation of his liberty, . .
Lists of cited by and citing cases may be incomplete.
Children
Updated: 19 April 2022; Ref: scu.625423