A Local Authority v SW & Ors

A Local Authority v SW & Ors

The court may authorise secure accommodation for a child under its inherent jurisdiction when no statutory place is available, provided the statutory criteria are met and there is no valid, enduring consent from the child; in this case, the child's consent was not authentic or enduring, and the statutory criteria for secure accommodation were satisfied, justifying the order.

Parties
Applicant: A Local Authority; Respondent: SW; Respondent: MT; Respondent: NT
Jurisdiction
England and Wales
Judgment Date
23 January 2018
Procedural Posture
Family / Judgment on Application for Secure Accommodation Order Under Inherent Jurisdiction
Outcome
Application granted
Legal Topics
Secure Accommodation Orders, Deprivation of Liberty, Children Act 1989 Section 25, Inherent Jurisdiction, Article 5 ECHR, Consent in Deprivation of Liberty, Judicial Activism Vs Parliamentary Intent
Family Law Child Protection Human Rights Secure Accommodation Orders Deprivation of Liberty Children Act 1989 Section 25 Inherent Jurisdiction Article 5 ECHR +2 more

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Parties

A Local Authority

Applicant

SW

Respondent

MT

Respondent

NT

Respondent

Procedural Posture

Family / Judgment on Application for Secure Accommodation Order Under Inherent Jurisdiction

Legal Issues

  1. 1 Whether the High Court can authorise secure accommodation for a child in an unregistered institution under its inherent jurisdiction when no statutory place is available
  2. 2 Whether valid consent by the child precludes a deprivation of liberty order under Article 5 ECHR
  3. 3 Whether the statutory criteria under section 25 Children Act 1989 are met

Ratio Decidendi

The court may authorise secure accommodation for a child under its inherent jurisdiction when no statutory place is available, provided the statutory criteria are met and there is no valid, enduring consent from the child; in this case, the child's consent was not authentic or enduring, and the statutory criteria for secure accommodation were satisfied, justifying the order.

Court Disposition

Application granted

Orders

  • Secure accommodation order made under inherent jurisdiction for a period not exceeding three months
  • Placement of the child in an unregistered institution is authorised