Re K & Re R

Re K & Re R

The court held that it has the power under s38(6) of the Children Act 1989 to direct the assessment of a child in an unregistered residential family centre, provided the assessment is necessary for the court's decision and the placement is appropriate for the child. The inherent jurisdiction cannot be used where statutory remedies exist. The placement may continue for assessment purposes under s38(6), but the court's inherent jurisdiction is not engaged.

Parties
Applicant: The Local Authority; First Respondent: Mother (Re K); Second Respondent: Child K (through guardian and Cafcass Legal); First Respondent: Mother (Re R); Second Respondent: Father (Re R); Third Respondent: Child R (through guardian)
Jurisdiction
England and Wales
Judgment Date
08 July 2022
Procedural Posture
Public Law Children Proceedings / Interlocutory Application for Authorisation of Unregulated Placement And/or Assessment Direction
Outcome
Applications to invoke the court's inherent jurisdiction dismissed; directions for assessment under s38(6) Children Act 1989 granted.
Legal Topics
Inherent Jurisdiction, Interim Care Orders, Residential Family Centre Placement, Assessment Under S38(6) Children Act 1989, Unregulated Placements
Family Law Child Protection Inherent Jurisdiction Interim Care Orders Residential Family Centre Placement Assessment Under S38(6) Children Act 1989 Unregulated Placements

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Parties

The Local Authority

Applicant

Mother (Re K)

First Respondent

Child K (through guardian and Cafcass Legal)

Second Respondent

Mother (Re R)

First Respondent

Father (Re R)

Second Respondent

Child R (through guardian)

Third Respondent

Procedural Posture

Public Law Children Proceedings / Interlocutory Application for Authorisation of Unregulated Placement And/or Assessment Direction

Legal Issues

  1. 1 Whether the court can authorise the placement of children and mothers in an unregulated residential family centre under its inherent jurisdiction or s38(6) of the Children Act 1989
  2. 2 Whether such authorisation is lawful when the placement is not registered as required by statute
  3. 3 Whether the court's inherent jurisdiction is ousted by the availability of statutory remedies

Ratio Decidendi

The court held that it has the power under s38(6) of the Children Act 1989 to direct the assessment of a child in an unregistered residential family centre, provided the assessment is necessary for the court's decision and the placement is appropriate for the child. The inherent jurisdiction cannot be used where statutory remedies exist. The placement may continue for assessment purposes under s38(6), but the court's inherent jurisdiction is not engaged.

Court Disposition

Applications to invoke the court's inherent jurisdiction dismissed; directions for assessment under s38(6) Children Act 1989 granted.

Orders

  • The placement of each child and mother in the unregulated residential family centre is authorised for the purpose of assessment under s38(6) Children Act 1989.
  • The local authority's applications to invoke the court's inherent jurisdiction are dismissed.