M (A Child) (Secure Accommodation)

M (A Child) (Secure Accommodation)

The statutory criteria for a secure accommodation order were comprehensively satisfied, the order was proportionate, and its duration was justified by the expert evidence and Emma's ongoing risk; the appeal was dismissed.

Parties
Appellant: Emma (not her real name); Respondent: Pembrokeshire County Council; Respondent: CAFCASS Cymru
Jurisdiction
England and Wales
Judgment Date
06 December 2018
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Secure Accommodation Orders, Deprivation of Liberty, Proportionality, Care Orders
Child Law Public Law Secure Accommodation Orders Deprivation of Liberty Proportionality Care Orders

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Parties

Emma (not her real name)

Appellant

Pembrokeshire County Council

Respondent

CAFCASS Cymru

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the statutory criteria for a secure accommodation order under Section 25 Children Act 1989 are satisfied
  2. 2 Whether the order is proportionate under Article 5 and 8 ECHR
  3. 3 Whether the duration of the order is appropriate

Ratio Decidendi

The statutory criteria for a secure accommodation order were comprehensively satisfied, the order was proportionate, and its duration was justified by the expert evidence and Emma's ongoing risk; the appeal was dismissed.

Court Disposition

appeal dismissed

Orders

  • secure accommodation order for six months upheld