J (secure accommodation order - bespoke placement) [2020] EWFC B38 (01 September 2020)

J (secure accommodation order - bespoke placement) [2020] EWFC B38 (01 September 2020)

The proposed placement is not a children's home and does not require Ofsted registration; its primary purpose is to restrict J's liberty to prevent self-injury, satisfying the definition of secure accommodation. All statutory criteria under section 25 Children Act 1989 are met, including that J is likely to injure herself if kept in any other accommodation. The order is necessary, proportionate, and safeguards J's welfare. The court is therefore required to make a secure accommodation order for a maximum of three months.

Citation
[2020] EWFC B38
Parties
Subject Child: J; Applicant Local Authority: Oxfordshire County Council; Respondents: J's parents
Jurisdiction
England and Wales
Judgment Date
01 September 2020
Procedural Posture
Children Act 1989 Secure Accommodation Order / Final Hearing on Application for Secure Accommodation Order and Deprivation of Liberty Authorisation
Outcome
Application granted
Legal Topics
Secure Accommodation Orders, Deprivation of Liberty, Children in Care, Children's Homes Regulation, Article 5 ECHR, Article 8 ECHR, Inherent Jurisdiction, Care Standards Act 2000
Family Law Child Protection Human Rights Secure Accommodation Orders Deprivation of Liberty Children in Care Children's Homes Regulation Article 5 ECHR +3 more

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Parties

J

Subject Child

Oxfordshire County Council

Applicant Local Authority

J's parents

Respondents

Procedural Posture

Children Act 1989 Secure Accommodation Order / Final Hearing on Application for Secure Accommodation Order and Deprivation of Liberty Authorisation

Legal Issues

  1. 1 Whether the proposed placement for J constitutes 'secure accommodation' under section 25 Children Act 1989
  2. 2 Whether the placement is a 'children's home' requiring Ofsted registration
  3. 3 Whether the statutory criteria for a secure accommodation order are met

Ratio Decidendi

The proposed placement is not a children's home and does not require Ofsted registration; its primary purpose is to restrict J's liberty to prevent self-injury, satisfying the definition of secure accommodation. All statutory criteria under section 25 Children Act 1989 are met, including that J is likely to injure herself if kept in any other accommodation. The order is necessary, proportionate, and safeguards J's welfare. The court is therefore required to make a secure accommodation order for a maximum of three months.

Court Disposition

Application granted

Orders

  • Secure accommodation order made under section 25 Children Act 1989 for a maximum period of three months authorising deprivation of J's liberty in the proposed Oxfordshire placement.
  • Continuation of deprivation of liberty in current setting authorised for a short period until the move.