H (Interim Care: Scottish Residential Placement)

H (Interim Care: Scottish Residential Placement)

An English local authority may place a child subject to an interim care order in Scotland without specific court approval, relying on section 33(7)/(8) Children Act 1989, provided statutory duties and regulations are complied with. Paragraph 19 Schedule 2 applies only to permanent placements. English interim care orders are not recognised or enforceable in Scotland unless the nobile officium is invoked. The child in this case was not deprived of liberty under the current placement regime.

Parties
Applicant: South Tyneside Council; Respondent: MT; Respondent: FT; Respondent: HT (by his Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
20 October 2020
Procedural Posture
Care Proceedings / Interim Care Order; Judgment on Cross Border Placement
Outcome
Application allowed; placement in Scotland lawful under interim care order; no deprivation of liberty found.
Legal Topics
Interim Care Orders, Cross Border Placement, Children Act 1989, Jurisdiction, Recognition and Enforcement, Deprivation of Liberty
Family Law Child Law Public Law Interim Care Orders Cross Border Placement Children Act 1989 Jurisdiction Recognition and Enforcement +1 more

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 5 Authorities cited 18 Party arguments 2
Sign in to unlock

Parties

South Tyneside Council

Applicant

MT

Respondent

FT

Respondent

HT (by his Children’s Guardian)

Respondent

Procedural Posture

Care Proceedings / Interim Care Order; Judgment on Cross Border Placement

Legal Issues

  1. 1 Whether an English local authority can place a child in Scotland under section 20 Children Act 1989
  2. 2 Whether court approval is required for interim care placement in Scotland under section 38 Children Act 1989
  3. 3 Recognition and enforcement of English interim care orders in Scotland

Ratio Decidendi

An English local authority may place a child subject to an interim care order in Scotland without specific court approval, relying on section 33(7)/(8) Children Act 1989, provided statutory duties and regulations are complied with. Paragraph 19 Schedule 2 applies only to permanent placements. English interim care orders are not recognised or enforceable in Scotland unless the nobile officium is invoked. The child in this case was not deprived of liberty under the current placement regime.

Court Disposition

Application allowed; placement in Scotland lawful under interim care order; no deprivation of liberty found.

Orders

  • No specific order required for placement in Scotland under interim care order; court approval not necessary for temporary cross-border placement within UK.
  • If deprivation of liberty is found, Local Authority must petition to nobile officium of the Inner House of the Court of Session for recognition and enforcement in Scotland.