J (Child Refugees) (Rev 2) [2017] EWFC 44 (23 January 2017)

J (Child Refugees) (Rev 2) [2017] EWFC 44 (23 January 2017)

Care orders are appropriate for unaccompanied child refugees who have suffered significant harm and lack parental protection, where the threshold criteria are met and the court has jurisdiction under Article 13 of Brussels II Regulation due to the absence of habitual residence.

Citation
[2017] EWFC 44
Parties
Applicant: Local Authority; Subject: J (a child); Subject: T (a child)
Jurisdiction
England and Wales
Judgment Date
23 January 2017
Procedural Posture
Care Proceedings (children Act 1989) / Final Hearing and Judgment
Outcome
Care orders made for both children; care plans approved.
Legal Topics
Care Orders, Unaccompanied Asylum Seeking Children, Jurisdiction Under Brussels II Regulation, Section 20 Children Act Accommodation, Threshold Criteria for Significant Harm
Family Law Child Protection Immigration Law Care Orders Unaccompanied Asylum Seeking Children Jurisdiction Under Brussels II Regulation Section 20 Children Act Accommodation Threshold Criteria for Significant Harm

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Local Authority

Applicant

J (a child)

Subject

T (a child)

Subject

Procedural Posture

Care Proceedings (children Act 1989) / Final Hearing and Judgment

Legal Issues

  1. 1 Whether care orders should be made for unaccompanied child refugees
  2. 2 Whether the court has jurisdiction under Article 13 of Brussels II Regulation
  3. 3 Whether threshold criteria for significant harm are met

Ratio Decidendi

Care orders are appropriate for unaccompanied child refugees who have suffered significant harm and lack parental protection, where the threshold criteria are met and the court has jurisdiction under Article 13 of Brussels II Regulation due to the absence of habitual residence.

Court Disposition

Care orders made for both children; care plans approved.

Orders

  • Final care orders granted for J and T.
  • Children to remain in current foster placement.