Dorset Council v E (Unregulated placement : Lack of secure placements)

Dorset Council v E (Unregulated placement : Lack of secure placements)

E is beyond parental control and at significant risk of harm; interim care order, DOLs authorisation, and secure accommodation order are necessary and proportionate to safeguard E's welfare due to lack of regulated placements and escalating risks.

Parties
Applicant: Dorset Council; 1st Respondent: AB; 2nd Respondent: CD; 3rd Respondent: E
Jurisdiction
England and Wales
Judgment Date
05 May 2020
Procedural Posture
Care and Secure Accommodation Proceedings; Deprivation of Liberty (dols) Application / Interim Judgment on Applications for Interim Care Order, Dols Authorisation, and Secure Accommodation Order
Outcome
Interim care order, DOLs authorisation, and secure accommodation order granted.
Legal Topics
Interim Care Orders, Deprivation of Liberty, Secure Accommodation, Children's Welfare, Unregulated Placements, Article 5 ECHR, Article 8 ECHR
Family Law Child Protection Human Rights Interim Care Orders Deprivation of Liberty Secure Accommodation Children's Welfare Unregulated Placements +2 more

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Parties

Dorset Council

Applicant

AB

1st Respondent

CD

2nd Respondent

E

3rd Respondent

Procedural Posture

Care and Secure Accommodation Proceedings; Deprivation of Liberty (dols) Application / Interim Judgment on Applications for Interim Care Order, Dols Authorisation, and Secure Accommodation Order

Legal Issues

  1. 1 Whether E's circumstances meet the threshold for an interim care order under section 38 of the Children Act 1989
  2. 2 Whether deprivation of liberty authorisation is necessary and proportionate under Article 5 ECHR
  3. 3 Whether secure accommodation order is justified under section 25 of the Children Act 1989

Ratio Decidendi

E is beyond parental control and at significant risk of harm; interim care order, DOLs authorisation, and secure accommodation order are necessary and proportionate to safeguard E's welfare due to lack of regulated placements and escalating risks.

Court Disposition

Interim care order, DOLs authorisation, and secure accommodation order granted.

Orders

  • Interim care order made under section 38 Children Act 1989
  • DOLs authorisation granted for unregulated placement with specified restrictions