A, Re

A, Re

The threshold for secure accommodation under s.25 Children Act 1989 is met due to A's extreme and dangerous behaviours; urgency and lack of available secure units justify making an interim order without an identified placement.

Parties
Applicant: Local Authority; Interested Party: NHS Foundation Trust; Guardian: A’s Children’s Guardian
Jurisdiction
England and Wales
Judgment Date
11 June 2015
Procedural Posture
Secure Accommodation Application / Interim Order Hearing
Outcome
interim secure accommodation order granted
Legal Topics
Secure Accommodation, Children Act 1989 S.25, Psychiatric Assessment, Child Protection
Child Law Mental Health Law Secure Accommodation Children Act 1989 S.25 Psychiatric Assessment Child Protection

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Parties

Local Authority

Applicant

NHS Foundation Trust

Interested Party

A’s Children’s Guardian

Guardian

Procedural Posture

Secure Accommodation Application / Interim Order Hearing

Legal Issues

  1. 1 Whether A meets the threshold for secure accommodation under s.25 Children Act 1989
  2. 2 Whether a secure accommodation order can be made without an identified placement
  3. 3 Whether psychiatric disposal is appropriate for A

Ratio Decidendi

The threshold for secure accommodation under s.25 Children Act 1989 is met due to A's extreme and dangerous behaviours; urgency and lack of available secure units justify making an interim order without an identified placement.

Court Disposition

interim secure accommodation order granted

Orders

  • Interim secure accommodation order for two weeks; Local Authority to place A in an appropriate unit when identified, in consultation with Children’s Guardian.
  • Court to review situation in two weeks, reserved to Mr. Justice Bodey if possible.