X (A Child) and Y (A Child) (Rev 1)

X (A Child) and Y (A Child) (Rev 1)

An English judge cannot make a secure accommodation order under section 25 of the Children Act 1989 for placement in Scotland, but may authorise such placement under the inherent jurisdiction of the High Court. However, there is no mechanism for recognition or enforcement of such orders in Scotland absent intervention by the Court of Session. The same applies to paragraph 19 of Schedule 2 to the 1989 Act.

Parties
Applicant: Cumbria County Council; Applicant: Blackpool Borough Council; Subject: X (A Child); Subject: Y (A Child); Guardian: X’s guardian; Guardian: Y’s guardian
Jurisdiction
England and Wales
Judgment Date
12 September 2016
Procedural Posture
Care Proceedings / Ruling on Cross Border Secure Accommodation Orders
Outcome
Orders under the inherent jurisdiction authorising placement of X and Y in secure accommodation in Scotland extended; further application to the Court of Session recommended.
Legal Topics
Secure Accommodation, Inherent Jurisdiction, Deprivation of Liberty, Recognition and Enforcement of Orders, Children Act 1989, Cross Border Placement
Family Law Child Welfare Cross Border Jurisdiction Secure Accommodation Inherent Jurisdiction Deprivation of Liberty Recognition and Enforcement of Orders Children Act 1989 +1 more

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Parties

Cumbria County Council

Applicant

Blackpool Borough Council

Applicant

X (A Child)

Subject

Y (A Child)

Subject

X’s guardian

Guardian

Y’s guardian

Guardian

Procedural Posture

Care Proceedings / Ruling on Cross Border Secure Accommodation Orders

Legal Issues

  1. 1 Can an English judge make a secure accommodation order under section 25 of the Children Act 1989 for placement in Scotland?
  2. 2 Can the inherent jurisdiction of the High Court be used to authorise such placement?
  3. 3 Will such orders be recognised and enforced in Scotland?

Ratio Decidendi

An English judge cannot make a secure accommodation order under section 25 of the Children Act 1989 for placement in Scotland, but may authorise such placement under the inherent jurisdiction of the High Court. However, there is no mechanism for recognition or enforcement of such orders in Scotland absent intervention by the Court of Session. The same applies to paragraph 19 of Schedule 2 to the 1989 Act.

Court Disposition

Orders under the inherent jurisdiction authorising placement of X and Y in secure accommodation in Scotland extended; further application to the Court of Session recommended.

Orders

  • X to remain in secure accommodation in Scotland until 17:00 on 15 September 2016.
  • Y authorised to remain in residential non-secure accommodation in Scotland until next hearing.