W (A Child), Re

W (A Child), Re

The court held that W's consent was not required for a secure accommodation order under s 25 Children Act 1989, the statutory criteria were satisfied under s 25(1)(b), and the order was necessary and proportionate given the risks to W's welfare.

Parties
Appellant: W (A Child); Respondent: A Local Authority; Respondent: Children’s Guardian
Jurisdiction
England and Wales
Judgment Date
28 July 2016
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Secure Accommodation Orders, Child Consent, Deprivation of Liberty, Statutory Interpretation, Proportionality, Child Sex Exploitation
Child Law Family Law Human Rights Secure Accommodation Orders Child Consent Deprivation of Liberty Statutory Interpretation Proportionality +1 more

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Parties

W (A Child)

Appellant

A Local Authority

Respondent

Children’s Guardian

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether a secure accommodation order under s 25 Children Act 1989 requires the child's consent
  2. 2 Whether W was accommodated under s 20(3) or s 20(5) Children Act 1989
  3. 3 Interpretation of 'absconding' under s 25(1)(a)

Ratio Decidendi

The court held that W's consent was not required for a secure accommodation order under s 25 Children Act 1989, the statutory criteria were satisfied under s 25(1)(b), and the order was necessary and proportionate given the risks to W's welfare.

Court Disposition

appeal dismissed

Orders

  • Order of secure accommodation affirmed
  • Appeal seeking to set aside the order dismissed