Lancashire County Council v G (Unavailability of Secure Accommodation)

Lancashire County Council v G (Unavailability of Secure Accommodation)

The court is satisfied that G will be deprived of her liberty in the proposed unregulated placement, that the statutory criteria for a secure accommodation order are not fully met as no secure placement is available, and that authorising deprivation of liberty under the inherent jurisdiction is the only available option to prevent serious harm or death to G, despite the placement being sub-optimal and unregulated.

Parties
Applicant: Lancashire County Council; First Respondent: G; Second Respondent: N; Interveners: NHS England and Lancashire and South Cumbria NHS Foundation Trust
Jurisdiction
England and Wales
Judgment Date
26 October 2020
Procedural Posture
Family / Judgment on Application for Deprivation of Liberty Order Under Inherent Jurisdiction
Outcome
Order granted authorising deprivation of liberty under inherent jurisdiction in an unregulated placement for a short period, subject to urgent review and further directions.
Legal Topics
Deprivation of Liberty, Secure Accommodation Orders, Children Act 1989 S.25, Inherent Jurisdiction, Best Interests of the Child, Unregulated Placements, Mental Health and Children, Article 5 ECHR
Family Law Child Protection Human Rights Deprivation of Liberty Secure Accommodation Orders Children Act 1989 S.25 Inherent Jurisdiction Best Interests of the Child +3 more

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Parties

Lancashire County Council

Applicant

G

First Respondent

N

Second Respondent

NHS England and Lancashire and South Cumbria NHS Foundation Trust

Interveners

Procedural Posture

Family / Judgment on Application for Deprivation of Liberty Order Under Inherent Jurisdiction

Legal Issues

  1. 1 Whether the court can authorise deprivation of liberty for a child in an unregulated placement under the inherent jurisdiction when no secure or regulated placement is available
  2. 2 Whether the statutory criteria for a secure accommodation order under s.25 Children Act 1989 are met
  3. 3 Whether deprivation of liberty in an unregulated placement is in the child's best interests

Ratio Decidendi

The court is satisfied that G will be deprived of her liberty in the proposed unregulated placement, that the statutory criteria for a secure accommodation order are not fully met as no secure placement is available, and that authorising deprivation of liberty under the inherent jurisdiction is the only available option to prevent serious harm or death to G, despite the placement being sub-optimal and unregulated.

Court Disposition

Order granted authorising deprivation of liberty under inherent jurisdiction in an unregulated placement for a short period, subject to urgent review and further directions.

Orders

  • Local authority to file and serve a statement by 3pm setting out reasons for non-registration, steps to ensure safety and suitability, and application of regulatory framework.
  • Matter to be listed for urgent review at 2pm the following Monday to determine continuation or alternative provision.