BG, R (On the Application Of) v West Midlands Constabulary & Anor [2014] EWHC 4374 (Admin) (23 December 2014)

BG, R (On the Application Of) v West Midlands Constabulary & Anor [2014] EWHC 4374 (Admin) (23 December 2014)

On the facts, the claimant's detention in police custody was justified under section 38 PACE 1984, the police and local authority discharged their statutory and welfare obligations, there was no unlawful mixing with adults, and any procedural failures regarding certificates did not render the detention unlawful. The application for judicial review was refused as unarguable on the facts.

Citation
[2014] EWHC 4374 (Admin)
Parties
Claimant: BG; 1st Defendant: Chief Constable of the West Midlands Constabulary; 2nd Defendant: Birmingham City Council
Jurisdiction
England and Wales
Judgment Date
23 December 2014
Procedural Posture
Judicial Review / Renewed Application for Permission Following Refusal on the Papers
Outcome
Application for permission to bring judicial review proceedings refused.
Legal Topics
Detention of Juveniles, Police Powers, Local Authority Duties, Welfare of Children, Judicial Review, Best Interests of the Child, Article 3 UNCRC, Article 5 ECHR
Administrative Law Criminal Law Children Law Human Rights Detention of Juveniles Police Powers Local Authority Duties Welfare of Children +4 more

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Parties

BG

Claimant

Chief Constable of the West Midlands Constabulary

1st Defendant

Birmingham City Council

2nd Defendant

Procedural Posture

Judicial Review / Renewed Application for Permission Following Refusal on the Papers

Legal Issues

  1. 1 Whether the detention of the claimant in police custody was unlawful under section 38 Police and Criminal Evidence Act 1984
  2. 2 Whether the police and local authority breached their welfare obligations under section 11 Children Act 2004 and Article 3 UNCRC
  3. 3 Whether the claimant was unlawfully held in a mixed cell block contrary to section 31 Children and Young Persons Act 1933

Ratio Decidendi

On the facts, the claimant's detention in police custody was justified under section 38 PACE 1984, the police and local authority discharged their statutory and welfare obligations, there was no unlawful mixing with adults, and any procedural failures regarding certificates did not render the detention unlawful. The application for judicial review was refused as unarguable on the facts.

Court Disposition

Application for permission to bring judicial review proceedings refused.