P, Re (Application for Secure Accommodation Order)

P, Re (Application for Secure Accommodation Order)

The court retains jurisdiction to make secure accommodation orders under s.25 Children Act 1989 for children aged 16-18 accommodated under s.20(3), as the restriction in regulation 5(2) applies only to s.20(5) and not s.20(3).

Parties
Applicant: Local Authority; Child/respondent: P; Interested Party: Mother of P
Jurisdiction
England and Wales
Judgment Date
12 October 2015
Procedural Posture
Application for Secure Accommodation Order / Ruling on Jurisdiction
Outcome
Application for secure accommodation order adjourned generally with liberty to restore.
Legal Topics
Secure Accommodation Orders, Children Act 1989, Mental Health Act 1983, Jurisdiction for Children Over 16, Regulations on Secure Accommodation
Child Law Mental Health Law Secure Accommodation Orders Children Act 1989 Mental Health Act 1983 Jurisdiction for Children Over 16 Regulations on Secure Accommodation

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Parties

Local Authority

Applicant

P

Child/respondent

Mother of P

Interested Party

Procedural Posture

Application for Secure Accommodation Order / Ruling on Jurisdiction

Legal Issues

  1. 1 Does the court have jurisdiction to make a secure accommodation order under s.25 Children Act 1989 for a child over 16 accommodated under s.20(3)?
  2. 2 Does regulation 5(2) of the Children (Secure Accommodation) Regulations 1991 bar such orders for children accommodated under s.20(3)?

Ratio Decidendi

The court retains jurisdiction to make secure accommodation orders under s.25 Children Act 1989 for children aged 16-18 accommodated under s.20(3), as the restriction in regulation 5(2) applies only to s.20(5) and not s.20(3).

Court Disposition

Application for secure accommodation order adjourned generally with liberty to restore.

Orders

  • Local authority's application for secure accommodation order adjourned generally with liberty to restore should circumstances arise in which it considers it appropriate to do so.