M (A Child) (Secure Accommodation) [2018] EWCA Civ 2707 (06 December 2018)

M (A Child) (Secure Accommodation) [2018] EWCA Civ 2707 (06 December 2018)

The judge was entitled to find that Emma had a history of absconding and was likely to abscond from any other accommodation, and that she would be likely to injure herself if placed elsewhere. The order was a proportionate interference with her rights, and the duration was justified by the evidence regarding the time needed for transition. The appeal was dismissed as the statutory criteria and proportionality were satisfied.

Citation
[2018] EWCA Civ 2707
Parties
Appellant: Emma (M) (A Child); Respondent (local Authority): Pembrokeshire County Council; Respondent (guardian): CAFCASS Cymru (Guardian)
Jurisdiction
England and Wales
Judgment Date
06 December 2018
Procedural Posture
Appeal (civil) / Appeal From Secure Accommodation Order
Outcome
Appeal dismissed
Legal Topics
Secure Accommodation Orders, Children Act 1989 S.25, Proportionality, Article 5 ECHR, Article 8 ECHR, Care Orders
Family Law Child Protection Human Rights Secure Accommodation Orders Children Act 1989 S.25 Proportionality Article 5 ECHR Article 8 ECHR +1 more

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Parties

Emma (M) (A Child)

Appellant

Pembrokeshire County Council

Respondent (local Authority)

CAFCASS Cymru (Guardian)

Respondent (guardian)

Procedural Posture

Appeal (civil) / Appeal From Secure Accommodation Order

Legal Issues

  1. 1 Whether the statutory criteria for a secure accommodation order were satisfied
  2. 2 Whether the order was a proportionate interference with the child's rights under Articles 5 and 8 ECHR
  3. 3 Whether the duration of the order was appropriate

Ratio Decidendi

The judge was entitled to find that Emma had a history of absconding and was likely to abscond from any other accommodation, and that she would be likely to injure herself if placed elsewhere. The order was a proportionate interference with her rights, and the duration was justified by the evidence regarding the time needed for transition. The appeal was dismissed as the statutory criteria and proportionality were satisfied.

Court Disposition

Appeal dismissed

Orders

  • Secure accommodation order for six months affirmed