J, Re

The court found that J is at significant risk of harm, including death, due to gang involvement and criminal activity, and that no registered secure accommodation is available. The proposed deprivation of liberty is necessary and proportionate to protect J, and the threshold criteria for an interim care order are satisfied. Authorisation is granted for deprivation of liberty for 8 days, pending further hearing.

Parties: Applicant: A Local Authority; Respondent: Mother; Respondent: The Child (J)
Jurisdiction: England and Wales
Judgment Date: 25 August 2020
Procedural Posture: Family / Interim Application for Care Order and Deprivation of Liberty
Outcome: Interim care order granted; authorisation for deprivation of liberty for 8 days.
Legal Topics: Deprivation of Liberty, Inherent Jurisdiction, Interim Care Order, Children's Welfare, Secure Accommodation, Gang Exploitation

Child Law Family Law Human Rights Deprivation of Liberty Inherent Jurisdiction Interim Care Order Children's Welfare Secure Accommodation +1 more

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Parties

A Local Authority

Applicant

Mother

Respondent

The Child (J)

Respondent

Procedural Posture

Family / Interim Application for Care Order and Deprivation of Liberty

Legal Issues

1 Whether the court should authorise deprivation of liberty for a child under the inherent jurisdiction
2 Whether the threshold criteria for an interim care order are satisfied
3 Whether the proposed placement is necessary and proportionate to protect the child from significant harm

Ratio Decidendi

Court Disposition

Interim care order granted; authorisation for deprivation of liberty for 8 days.

Orders

Interim care order to the local authority until conclusion of proceedings.
Authorisation for deprivation of liberty for J in the proposed placement for 8 days.