R (Secure accommodation order : child on verge of leaving care) [2015] EWFC B14 (12 February 2015)

R (Secure accommodation order : child on verge of leaving care) [2015] EWFC B14 (12 February 2015)

The best protection for R in the short to medium and hopefully longer term is to implement the transitional plan to semi-independent living, with a time-limited secure accommodation order of 10 weeks to enable this, rather than a blanket order to her 18th birthday. This balances the immediate risk of harm with the need to prepare R for independence and reduce the risk of disengagement and greater harm after leaving care.

Citation
[2015] EWFC B14
Parties
Applicant: Newcastle City Council; Subject Child: R; Respondents: R's parents
Jurisdiction
England and Wales
Judgment Date
12 February 2015
Procedural Posture
Secure Accommodation Order Application / Final Hearing and Judgment
Outcome
secure accommodation order granted for 10 weeks from the date of judgment, to 23rd April 2015
Legal Topics
Secure Accommodation Orders, Child Sexual Exploitation, Care Orders, Transition to Adulthood, Deprivation of Liberty
Family Law Child Protection Secure Accommodation Orders Child Sexual Exploitation Care Orders Transition to Adulthood Deprivation of Liberty

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Parties

Newcastle City Council

Applicant

R

Subject Child

R's parents

Respondents

Procedural Posture

Secure Accommodation Order Application / Final Hearing and Judgment

Legal Issues

  1. 1 Whether a further secure accommodation order should be made for R under s.25 Children Act 1989
  2. 2 Whether the order should extend to R's 18th birthday or be time-limited as part of a transitional plan
  3. 3 How to balance immediate protection against long-term welfare and independence

Ratio Decidendi

The best protection for R in the short to medium and hopefully longer term is to implement the transitional plan to semi-independent living, with a time-limited secure accommodation order of 10 weeks to enable this, rather than a blanket order to her 18th birthday. This balances the immediate risk of harm with the need to prepare R for independence and reduce the risk of disengagement and greater harm after leaving care.

Court Disposition

secure accommodation order granted for 10 weeks from the date of judgment, to 23rd April 2015

Orders

  • Secure accommodation order made for R until 23rd April 2015
  • Transcript of judgment to be prepared and published in anonymised form on BAILII, cost shared between represented parties