In the matter of SS [2011] JRC 184B (23 September 2011)

In the matter of SS [2011] JRC 184B (23 September 2011)

Both limbs of Article 22(1) are satisfied: SS has a history of absconding and is likely to abscond from any non-secure accommodation, and if he absconds he is likely to suffer significant harm; further, if kept in any other accommodation, he is likely to injure himself or others. It is in SS's best interests to make a secure accommodation order for three months to allow for therapeutic intervention and review before the final care order hearing.

Citation
[2011] JRC 184B
Parties
Applicant: Minister; Respondent: SS; Respondents: Parents of SS
Jurisdiction
Jersey
Judgment Date
23 September 2011
Procedural Posture
Secure Accommodation Order Application / Hearing and Determination of Application
Outcome
secure accommodation order granted for three months
Legal Topics
Secure Accommodation, Child Welfare, Care Orders
Family Law Child Law Secure Accommodation Child Welfare Care Orders

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Parties

Minister

Applicant

SS

Respondent

Parents of SS

Respondents

Procedural Posture

Secure Accommodation Order Application / Hearing and Determination of Application

Legal Issues

  1. 1 Whether the statutory criteria for a secure accommodation order under Article 22(1) of the Children (Jersey) Law 2002 are met
  2. 2 Whether a secure accommodation order is in SS's best interests and, if so, for what duration

Ratio Decidendi

Both limbs of Article 22(1) are satisfied: SS has a history of absconding and is likely to abscond from any non-secure accommodation, and if he absconds he is likely to suffer significant harm; further, if kept in any other accommodation, he is likely to injure himself or others. It is in SS's best interests to make a secure accommodation order for three months to allow for therapeutic intervention and review before the final care order hearing.

Court Disposition

secure accommodation order granted for three months

Orders

  • SS to be placed in secure accommodation for a period of three months, subject to ongoing review and the possibility of earlier discharge if no longer in his best interests