Lancashire County Council v G (No 2) (Continuing Unavailability of Secure Accommodation) (Rev 1)

Lancashire County Council v G (No 2) (Continuing Unavailability of Secure Accommodation) (Rev 1)

Given the absence of any secure or regulated placements, the only available option is the unregulated placement; authorisation of deprivation of liberty is necessary to prevent G from causing herself fatal harm, and is in her best interests despite the placement being sub-optimal.

Parties
Applicant: Lancashire County Council; First Respondent: G; Second Respondent: N
Jurisdiction
England and Wales
Judgment Date
20 November 2020
Procedural Posture
Family / Post Judgment Review of Deprivation of Liberty Order
Outcome
Order authorising deprivation of G's liberty in unregulated placement granted.
Legal Topics
Deprivation of Liberty, Unregulated Placements, Best Interests of Child, Secure Accommodation, Children Act 1989, Article 5 ECHR
Family Law Child Welfare Human Rights Deprivation of Liberty Unregulated Placements Best Interests of Child Secure Accommodation Children Act 1989 +1 more

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Parties

Lancashire County Council

Applicant

G

First Respondent

N

Second Respondent

Procedural Posture

Family / Post Judgment Review of Deprivation of Liberty Order

Legal Issues

  1. 1 Whether continued deprivation of G's liberty in an unregulated placement is lawful and in her best interests
  2. 2 Whether the placement constitutes a deprivation of liberty under Article 5 ECHR
  3. 3 Whether the court should authorise deprivation of liberty in a sub-optimal, unregulated placement

Ratio Decidendi

Given the absence of any secure or regulated placements, the only available option is the unregulated placement; authorisation of deprivation of liberty is necessary to prevent G from causing herself fatal harm, and is in her best interests despite the placement being sub-optimal.

Court Disposition

Order authorising deprivation of G's liberty in unregulated placement granted.

Orders

  • Continued authorisation of deprivation of G's liberty in current unregulated placement.
  • Matter listed for further hearing in 14 days to review placement and authorisation.