W Borough Council v DK [2000] EWCA Civ 255 (29 September 2000)

W Borough Council v DK [2000] EWCA Civ 255 (29 September 2000)

A secure accommodation order under section 25 of the Children Act 1989 constitutes a deprivation of liberty within Article 5 ECHR, but is justified under Article 5(1)(d) as being for the purpose of educational supervision. Section 25 is not incompatible with Article 5, and no declaration of incompatibility is warranted. The appeal is dismissed and a further secure accommodation order is granted.

Citation
[2000] EWCA Civ 255
Parties
Appellant: AK; Respondent: Local Authority; Interested Party: Secretary of State for Health; Interested Party: Lord Chancellor
Jurisdiction
England and Wales
Judgment Date
29 September 2000
Procedural Posture
Appeal and Application for Secure Accommodation Order / Court of Appeal Judgment Following Appeal Against Secure Accommodation Order and Application for Declaration of Incompatibility
Outcome
Appeal dismissed; application for declaration of incompatibility refused; new secure accommodation order granted.
Legal Topics
Secure Accommodation Orders, Deprivation of Liberty, Children Act 1989 Section 25, European Convention on Human Rights Article 5, Human Rights Act 1998, Compatibility of Domestic Law With Convention Rights
Family Law Human Rights Law Child Law Secure Accommodation Orders Deprivation of Liberty Children Act 1989 Section 25 European Convention on Human Rights Article 5 Human Rights Act 1998 +1 more

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Parties

AK

Appellant

Local Authority

Respondent

Secretary of State for Health

Interested Party

Lord Chancellor

Interested Party

Procedural Posture

Appeal and Application for Secure Accommodation Order / Court of Appeal Judgment Following Appeal Against Secure Accommodation Order and Application for Declaration of Incompatibility

Legal Issues

  1. 1 Whether a secure accommodation order under section 25 of the Children Act 1989 constitutes a deprivation of liberty under Article 5 ECHR
  2. 2 Whether section 25 is incompatible with Article 5 ECHR and requires a declaration of incompatibility
  3. 3 Whether the deprivation of liberty is justified under Article 5(1)(d) as being for the purpose of educational supervision

Ratio Decidendi

A secure accommodation order under section 25 of the Children Act 1989 constitutes a deprivation of liberty within Article 5 ECHR, but is justified under Article 5(1)(d) as being for the purpose of educational supervision. Section 25 is not incompatible with Article 5, and no declaration of incompatibility is warranted. The appeal is dismissed and a further secure accommodation order is granted.

Court Disposition

Appeal dismissed; application for declaration of incompatibility refused; new secure accommodation order granted.

Orders

  • Appeal by AK dismissed
  • No declaration of incompatibility under Human Rights Act 1998 section 4