A Child (no approved secure accommodation available; deprivation of liberty)

A Child (no approved secure accommodation available; deprivation of liberty)

The High Court should not allow statutory safeguards for legal representation to be sidestepped by use of inherent jurisdiction when authorising deprivation of liberty for children in non-approved secure accommodation; the child must be joined as a party and a guardian appointed.

Source-derived case information.

Parties
Applicant: A Local Authority; First Respondent: Maternal Grandmother; Second Respondent: Mother
Jurisdiction
England and Wales
Judgment Date
14 September 2017
Procedural Posture
Family / Interlocutory Application for Deprivation of Liberty Authorisation; Review Hearing
Outcome
Application for continued deprivation of liberty authorised with safeguards imposed.
Legal Topics
Deprivation of Liberty, Secure Accommodation, Inherent Jurisdiction, Legal Representation of Children, Care Orders
Family Law Child Law Human Rights Deprivation of Liberty Secure Accommodation Inherent Jurisdiction Legal Representation of Children Care Orders

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Parties

A Local Authority

Applicant

Maternal Grandmother

First Respondent

Mother

Second Respondent

Procedural Posture

Family / Interlocutory Application for Deprivation of Liberty Authorisation; Review Hearing

Legal Issues

  1. 1 Whether the High Court should authorise deprivation of liberty for a child in a non-approved secure accommodation unit under its inherent jurisdiction
  2. 2 Whether statutory safeguards for legal representation under section 25 Children Act 1989 should apply to inherent jurisdiction applications

Ratio Decidendi

The High Court should not allow statutory safeguards for legal representation to be sidestepped by use of inherent jurisdiction when authorising deprivation of liberty for children in non-approved secure accommodation; the child must be joined as a party and a guardian appointed.

Court Disposition

Application for continued deprivation of liberty authorised with safeguards imposed.

Orders

  • The child is to be joined as a party to the proceedings.
  • Cafcass must forthwith allocate a guardian to act on the child's behalf, preferably the same guardian as in prior care proceedings.