A County Council v B

A County Council v B

C is at imminent and prevalent risk of causing herself and others serious harm; no alternative accommodation or arrangement is available; secure accommodation provides necessary educational supervision and therapeutic opportunity; deprivation of liberty is justified under Article 5(1)(d) ECHR and proportionate under Article 8; statutory criteria under Section 25(1)(b) are satisfied by analogy; continued detention is necessary for the shortest possible period to meet legal and welfare requirements.

Parties
Applicant: A County Council; Respondent: B
Jurisdiction
England and Wales
Judgment Date
24 September 2013
Procedural Posture
Wardship/inherent Jurisdiction / Judgment on Continued Detention in Secure Accommodation
Outcome
Application granted
Legal Topics
Secure Accommodation, Deprivation of Liberty, Children's Welfare, Inherent Jurisdiction, Article 5 ECHR, Article 8 ECHR, Section 25 Children Act 1989
Family Law Human Rights Secure Accommodation Deprivation of Liberty Children's Welfare Inherent Jurisdiction Article 5 ECHR Article 8 ECHR +1 more

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Parties

A County Council

Applicant

B

Respondent

Procedural Posture

Wardship/inherent Jurisdiction / Judgment on Continued Detention in Secure Accommodation

Legal Issues

  1. 1 Whether continued detention of C in secure accommodation is lawful under inherent jurisdiction
  2. 2 Whether deprivation of liberty is justified under Article 5 and Article 8 ECHR
  3. 3 Whether statutory criteria under Section 25 Children Act 1989 are met by analogy

Ratio Decidendi

C is at imminent and prevalent risk of causing herself and others serious harm; no alternative accommodation or arrangement is available; secure accommodation provides necessary educational supervision and therapeutic opportunity; deprivation of liberty is justified under Article 5(1)(d) ECHR and proportionate under Article 8; statutory criteria under Section 25(1)(b) are satisfied by analogy; continued detention is necessary for the shortest possible period to meet legal and welfare requirements.

Court Disposition

Application granted

Orders

  • C to remain a ward of court and continue to be detained in secure accommodation for a further 8-week period
  • Monthly review of placement by Secure Accommodation Panel