K (A Child), Re [2016] EWHC B31 (Fam) (27 September 2016)

K (A Child), Re [2016] EWHC B31 (Fam) (27 September 2016)

The court may invoke its inherent jurisdiction to authorise the placement of a Welsh child in secure accommodation in Scotland where statutory provisions do not provide for such placement, and such use of inherent jurisdiction does not oust any operative statutory scheme.

Citation
[2016] EWHC B31 (Fam)
Parties
Applicant: X Council; Subject: K (child); Guardian: Miss Wilson; Respondents: K's parents
Jurisdiction
England and Wales
Judgment Date
27 September 2016
Procedural Posture
Public Law Children / Application for Secure Accommodation Order and Inherent Jurisdiction Order
Outcome
application granted
Legal Topics
Secure Accommodation, Inherent Jurisdiction, Placement Outside Jurisdiction, Children in Care
Family Law Public Law Secure Accommodation Inherent Jurisdiction Placement Outside Jurisdiction Children in Care

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Parties

X Council

Applicant

K (child)

Subject

Miss Wilson

Guardian

K's parents

Respondents

Procedural Posture

Public Law Children / Application for Secure Accommodation Order and Inherent Jurisdiction Order

Legal Issues

  1. 1 Whether the court can authorise placement of a Welsh child in secure accommodation in Scotland under section 25 Children Act 1989
  2. 2 Whether inherent jurisdiction of the High Court can be invoked to authorise such placement
  3. 3 Whether statutory schemes are ousted by use of inherent jurisdiction

Ratio Decidendi

The court may invoke its inherent jurisdiction to authorise the placement of a Welsh child in secure accommodation in Scotland where statutory provisions do not provide for such placement, and such use of inherent jurisdiction does not oust any operative statutory scheme.

Court Disposition

application granted

Orders

  • Permission granted to invoke inherent jurisdiction for K's placement in secure accommodation in Scotland until Thursday of this week.
  • Permission granted for K's continued placement in Scotland after Thursday, subject to further review hearing.