A County Council v B

A County Council v B

The High Court has jurisdiction under its inherent powers to order secure accommodation for a 17-year-old ward of court, even if not looked after by the local authority, provided statutory and human rights safeguards are observed.

Parties
Applicant: A County Council; Respondent: B; Interested Party: Cafcass Legal
Jurisdiction
England and Wales
Judgment Date
16 September 2013
Procedural Posture
Family / Interlocutory Judgment on Jurisdiction
Outcome
Jurisdiction affirmed; interim order made
Legal Topics
Secure Accommodation, Inherent Jurisdiction, Wardship, Children Act 1989, Deprivation of Liberty, Article 5 and 8 ECHR
Family Law Child Protection Human Rights Secure Accommodation Inherent Jurisdiction Wardship Children Act 1989 Deprivation of Liberty +1 more

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Parties

A County Council

Applicant

B

Respondent

Cafcass Legal

Interested Party

Procedural Posture

Family / Interlocutory Judgment on Jurisdiction

Legal Issues

  1. 1 Whether the High Court has jurisdiction under its inherent powers to order secure accommodation for a 17-year-old not looked after by the local authority
  2. 2 Compatibility of such orders with statutory and human rights provisions

Ratio Decidendi

The High Court has jurisdiction under its inherent powers to order secure accommodation for a 17-year-old ward of court, even if not looked after by the local authority, provided statutory and human rights safeguards are observed.

Court Disposition

Jurisdiction affirmed; interim order made

Orders

  • C to remain placed in secure accommodation under interim order until further hearing
  • Order to avoid use of 'detain'; child is to be 'placed' in secure accommodation