In the matter of EE (the Child) (Secure Accommodation Order) [2022] JRC 183 (28 July 2022)

In the matter of EE (the Child) (Secure Accommodation Order) [2022] JRC 183 (28 July 2022)

The Court was satisfied on the balance of probabilities that EE has a history of absconding and, if not kept in secure accommodation, is likely to suffer significant harm. The evidence of recent incidents, including dangerous driving and absconding, established the necessary risk. Both limbs of Article 22(1) were...

Source-derived case information.

Citation
[2022] JRC 183
Parties
Applicant: Minister for Children and Education; Third Respondent: EE; First Respondent: Mother of EE; Second Respondent: Father of EE; Guardian: Guardian
Jurisdiction
Jersey
Judgment Date
28 July 2022
Procedural Posture
Care Proceedings / Secure Accommodation Order / Final Order With Reasons
Outcome
Secure accommodation order granted for three months from 3 May 2022.
Legal Topics
Secure Accommodation Orders, Parental Responsibility, Child Welfare, Deprivation of Liberty
Family Law Child Protection Secure Accommodation Orders Parental Responsibility Child Welfare Deprivation of Liberty

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Parties

Minister for Children and Education

Applicant

EE

Third Respondent

Mother of EE

First Respondent

Father of EE

Second Respondent

Guardian

Guardian

Procedural Posture

Care Proceedings / Secure Accommodation Order / Final Order With Reasons

Legal Issues

  1. 1 Whether the criteria for a secure accommodation order under Article 22(1) of the Children (Jersey) Law 2002 are met
  2. 2 Whether the order is in the best interests of the child
  3. 3 Whether the deprivation of liberty is proportionate and lawful

Ratio Decidendi

The Court was satisfied on the balance of probabilities that EE has a history of absconding and, if not kept in secure accommodation, is likely to suffer significant harm. The evidence of recent incidents, including dangerous driving and absconding, established the necessary risk. Both limbs of Article 22(1) were met. The order is proportionate and in EE's best interests.

Court Disposition

Secure accommodation order granted for three months from 3 May 2022.

Orders

  • EE to be kept in secure accommodation for three months from 3 May 2022.