In the matter of AA (Secure Accommodation Order) [2023] JRC 040 (13 March 2023)

In the matter of AA (Secure Accommodation Order) [2023] JRC 040 (13 March 2023)

The statutory criteria for a secure accommodation order were met due to the child's history of absconding, risk of significant harm, and risk of injury to himself or others if not placed in secure accommodation. However, the order was made for only eight days to balance the child's welfare, ensure his safety in the short term, and allow him to spend Christmas with his family.

Citation
[2023] JRC 040
Parties
Applicant: Minister for Children and Education; Subject: AA (the Child); Interested Party: Mother of AA; Interested Party: Father of AA; Guardian: Guardian
Jurisdiction
Jersey
Judgment Date
13 March 2023
Procedural Posture
Application for Secure Accommodation Order / Determination of Application at First Instance
Outcome
secure accommodation order granted for eight days
Legal Topics
Secure Accommodation, Child Welfare, Care Orders, Best Interests of the Child
Family Law Child Law Secure Accommodation Child Welfare Care Orders Best Interests of the Child

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Parties

Minister for Children and Education

Applicant

AA (the Child)

Subject

Mother of AA

Interested Party

Father of AA

Interested Party

Guardian

Guardian

Procedural Posture

Application for Secure Accommodation Order / Determination of Application at First Instance

Legal Issues

  1. 1 Whether the statutory criteria for a secure accommodation order under Article 22 of the Children (Jersey) Law 2002 are met
  2. 2 Whether it is appropriate and in the best interests of the child to make such an order, and for what duration

Ratio Decidendi

The statutory criteria for a secure accommodation order were met due to the child's history of absconding, risk of significant harm, and risk of injury to himself or others if not placed in secure accommodation. However, the order was made for only eight days to balance the child's welfare, ensure his safety in the short term, and allow him to spend Christmas with his family.

Court Disposition

secure accommodation order granted for eight days

Orders

  • The child is to be kept in secure accommodation for eight days, expiring at noon on 24 December 2022.