A, Re (Wardship: 17 year old: s.20 accommodation) [2018] EWHC 1121 (Fam) (07 March 2018)

A, Re (Wardship: 17 year old: s.20 accommodation) [2018] EWHC 1121 (Fam) (07 March 2018)

Given the exceptional risks to A, the lack of clarity over parental responsibility, the breakdown of family relationships, and the limitations of s.20 accommodation (which does not confer parental responsibility on the local authority), it is in A's welfare interests for him to be made a ward of court until he is 18. This ensures court oversight and accountability for statutory obligations, particularly regarding his safety and involvement in criminal proceedings, without interfering with statutory functions of the local authority or prosecuting authorities.

Citation
[2018] EWHC 1121 (Fam)
Parties
Applicant: A Local Authority; First Respondent: Mr F (A's Father); Second Respondent: A; Children's Guardian: Mr J (Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
07 March 2018
Procedural Posture
Wardship and S.20 Accommodation (family) / Final Judgment
Outcome
A is made a ward of court until age 18; interim care order ceases; s.20 accommodation continues; court reserves further applications to itself.
Legal Topics
Wardship, Parental Responsibility, S.20 Accommodation, Children Leaving Care, Deprivation of Liberty, Inherent Jurisdiction
Family Law Child Protection Wardship Parental Responsibility S.20 Accommodation Children Leaving Care Deprivation of Liberty Inherent Jurisdiction

Case Brief

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Parties

A Local Authority

Applicant

Mr F (A's Father)

First Respondent

A

Second Respondent

Mr J (Children's Guardian)

Children's Guardian

Procedural Posture

Wardship and S.20 Accommodation (family) / Final Judgment

Legal Issues

  1. 1 Whether A should be made a ward of court given his circumstances and lack of clear parental responsibility
  2. 2 Appropriateness of s.20 accommodation and ongoing local authority obligations
  3. 3 Interaction between wardship and statutory schemes for child protection and criminal proceedings

Ratio Decidendi

Given the exceptional risks to A, the lack of clarity over parental responsibility, the breakdown of family relationships, and the limitations of s.20 accommodation (which does not confer parental responsibility on the local authority), it is in A's welfare interests for him to be made a ward of court until he is 18. This ensures court oversight and accountability for statutory obligations, particularly regarding his safety and involvement in criminal proceedings, without interfering with statutory functions of the local authority or prosecuting authorities.

Court Disposition

A is made a ward of court until age 18; interim care order ceases; s.20 accommodation continues; court reserves further applications to itself.

Orders

  • A is made a ward of court until his 18th birthday.
  • Interim care order ceases upon this judgment.