In the matter of Ben (Secure accommodation order) [2017] JRC 217 (21 December 2017)

In the matter of Ben (Secure accommodation order) [2017] JRC 217 (21 December 2017)

The court found that the statutory criteria under Article 22(1)(b) were met due to Ben's history of assaults and the recent serious incident, and that a secure accommodation order was proportionate and in Ben's best interests, provided it is for the shortest possible period and used constructively.

Citation
[2017] JRC 217
Parties
Applicant: Minister for Children; Respondent: Ben (pseudonym); Interested Parties: Parents of Ben; Interested Party: Guardian
Jurisdiction
Jersey
Judgment Date
21 December 2017
Procedural Posture
Application for Secure Accommodation Order / Hearing and Determination of Application
Outcome
secure accommodation order granted until 8th January
Legal Topics
Secure Accommodation Order, Child Welfare, Best Interests of the Child
Child Law Family Law Secure Accommodation Order Child Welfare Best Interests of the Child

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Parties

Minister for Children

Applicant

Ben (pseudonym)

Respondent

Parents of Ben

Interested Parties

Guardian

Interested Party

Procedural Posture

Application for Secure Accommodation Order / Hearing and Determination of Application

Legal Issues

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

Ratio Decidendi

The court found that the statutory criteria under Article 22(1)(b) were met due to Ben's history of assaults and the recent serious incident, and that a secure accommodation order was proportionate and in Ben's best interests, provided it is for the shortest possible period and used constructively.

Court Disposition

secure accommodation order granted until 8th January

Orders

  • Ben to be placed in secure accommodation until 8th January
  • Minister to make real progress in identifying an expert for assessment and in implementing therapeutic measures