Lancashire CC v G (No3)(Continuing Unavailability of Secure Accommodation)

Lancashire CC v G (No3)(Continuing Unavailability of Secure Accommodation)

Given the acute shortage of secure and regulated non-secure placements, and the increasing risk to G's welfare if discharged into the community, it is in G's best interests—on an increasingly narrow balance—to continue authorising the deprivation of her liberty in her current unregulated placement, despite its sub-optimal nature and lack of regulation.

Parties
Applicant: Lancashire County Council; First Respondent: G; Second Respondent: N
Jurisdiction
England and Wales
Judgment Date
02 December 2020
Procedural Posture
Family / Interim Hearing for Continued Authorisation of Deprivation of Liberty
Outcome
Continued authorisation of deprivation of liberty in current unregulated placement
Legal Topics
Deprivation of Liberty, Secure Accommodation, Best Interests of the Child, Unregulated Placements, Children Act 1989, Mental Health Act 1983, Article 5 ECHR
Family Law Child Protection Human Rights Deprivation of Liberty Secure Accommodation Best Interests of the Child Unregulated Placements Children Act 1989 +2 more

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Parties

Lancashire County Council

Applicant

G

First Respondent

N

Second Respondent

Procedural Posture

Family / Interim Hearing for Continued Authorisation of Deprivation of Liberty

Legal Issues

  1. 1 Whether to continue authorisation of deprivation of G's liberty in an unregulated placement
  2. 2 Whether the current placement is in G's best interests despite being sub-optimal and unregulated
  3. 3 Whether the court should intervene given the lack of suitable regulated or secure placements

Ratio Decidendi

Given the acute shortage of secure and regulated non-secure placements, and the increasing risk to G's welfare if discharged into the community, it is in G's best interests—on an increasingly narrow balance—to continue authorising the deprivation of her liberty in her current unregulated placement, despite its sub-optimal nature and lack of regulation.

Court Disposition

Continued authorisation of deprivation of liberty in current unregulated placement

Orders

  • Renewal of authorisation for deprivation of G's liberty at current unregulated placement
  • Listing for further hearing in 14 days to review placement and authorisation