S v S & Ors

S v S & Ors

Wardship proceedings cannot be used to challenge or impede the Secretary of State's statutory powers in immigration matters; the Family Division lacks jurisdiction to make orders affecting the detention or welfare of a child detained under immigration powers; the proceedings serve no legitimate or useful purpose and must be discharged.

Parties
Claimant: S; Defendants: S & Ors; Interested Party: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
21 August 2008
Procedural Posture
Wardship Proceedings / Judgment and Final Orders
Outcome
Wardship proceedings discharged; no order for costs; directions given for conduct of judicial review proceedings.
Legal Topics
Wardship Jurisdiction, Detention of Minors, Judicial Review, Abuse of Process, Separation of Powers
Family Law Immigration Law Public Law Wardship Jurisdiction Detention of Minors Judicial Review Abuse of Process Separation of Powers

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Parties

S

Claimant

S & Ors

Defendants

Secretary of State for the Home Department

Interested Party

Procedural Posture

Wardship Proceedings / Judgment and Final Orders

Legal Issues

  1. 1 Whether wardship proceedings can be used to challenge or impede the Secretary of State's statutory powers of detention and removal in immigration matters
  2. 2 Whether the Family Division has jurisdiction to make orders affecting the detention or welfare of a child detained under immigration powers
  3. 3 Whether the wardship proceedings serve any legitimate or useful purpose in the circumstances

Ratio Decidendi

Wardship proceedings cannot be used to challenge or impede the Secretary of State's statutory powers in immigration matters; the Family Division lacks jurisdiction to make orders affecting the detention or welfare of a child detained under immigration powers; the proceedings serve no legitimate or useful purpose and must be discharged.

Court Disposition

Wardship proceedings discharged; no order for costs; directions given for conduct of judicial review proceedings.

Orders

  • Wardship proceedings terminated and wardship discharged.
  • First defendant required to commence any judicial review proceedings within specified time.