CGM v Luton Council

CGM v Luton Council

The appropriate process for challenging a local authority's refusal to seek High Court authorisation for a child's deprivation of liberty is to issue habeas corpus proceedings in the Family Division, not judicial review in the Administrative Court. The claimant's application for judicial review is stayed and treated...

Source-derived case information.

Parties
Claimant: CGM; Defendant: Luton Council
Jurisdiction
England and Wales
Judgment Date
23 March 2021
Procedural Posture
Judicial Review / Permission Application on the Papers
Outcome
Application for judicial review stayed; claim form treated as habeas corpus application; matter transferred to Family Division.
Legal Topics
Deprivation of Liberty, Children in Care, Judicial Review Procedure, Habeas Corpus, Article 5 ECHR, Article 8 ECHR
Public Law Family Law Human Rights Deprivation of Liberty Children in Care Judicial Review Procedure Habeas Corpus Article 5 ECHR +1 more

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Summary, issues, holding and outcome

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Parties

CGM

Claimant

Luton Council

Defendant

Procedural Posture

Judicial Review / Permission Application on the Papers

Legal Issues

  1. 1 Whether NM is deprived of her liberty within the meaning of Article 5 ECHR
  2. 2 Whether judicial review is the appropriate remedy or habeas corpus/family court proceedings should be used
  3. 3 Whether the claimant has standing to bring the claim

Ratio Decidendi

The appropriate process for challenging a local authority's refusal to seek High Court authorisation for a child's deprivation of liberty is to issue habeas corpus proceedings in the Family Division, not judicial review in the Administrative Court. The claimant's application for judicial review is stayed and treated as an application for a writ of habeas corpus, and the matter is transferred to the Family Division for further determination.

Court Disposition

Application for judicial review stayed; claim form treated as habeas corpus application; matter transferred to Family Division.

Orders

  • Parties to file and serve affidavit evidence before next hearing on 13 April 2021.
  • Interim authorisation of deprivation of NM’s liberty, if and to the extent her placement amounts to such, until next hearing.