RECLAIMING MOTION BY L AGAINST THE PRINCIPAL REPORTER OF THE CHILDREN'S REPORTER ADMINISTRATION AND ANOTHER [2021] ScotCS CSIH_4 (17 January 2021)

RECLAIMING MOTION BY L AGAINST THE PRINCIPAL REPORTER OF THE CHILDREN'S REPORTER ADMINISTRATION AND ANOTHER [2021] ScotCS CSIH_4 (17 January 2021)

For the purposes of the Secure Accommodation (Scotland) Regulations 2013 and section 75 of the Children (Scotland) Act 1995, a 'child' includes persons under 18, so the petitioner was lawfully placed in secure accommodation and referred to the children’s hearing; section 199 of the 2011 Act does not override this definition.

Citation
[2021] ScotCS CSIH_4
Parties
Petitioner and Reclaimer: L; First Respondent: Principal Reporter of the Scottish Children’s Reporter Administration; Third Respondent: Chief Social Work Officer of Renfrewshire Council
Jurisdiction
Scotland
Judgment Date
17 January 2021
Procedural Posture
Judicial Review (reclaiming Motion) / Appeal (reclaiming Motion) From Refusal of Petition
Outcome
reclaiming motion refused; petition refused
Legal Topics
Secure Accommodation, Definition of Child, Children's Hearings Jurisdiction, Judicial Review, Statutory Interpretation
Child Law Public Law Human Rights Secure Accommodation Definition of Child Children's Hearings Jurisdiction Judicial Review Statutory Interpretation

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Parties

L

Petitioner and Reclaimer

Principal Reporter of the Scottish Children’s Reporter Administration

First Respondent

Chief Social Work Officer of Renfrewshire Council

Third Respondent

Procedural Posture

Judicial Review (reclaiming Motion) / Appeal (reclaiming Motion) From Refusal of Petition

Legal Issues

  1. 1 Whether a 17-year-old accommodated by a local authority as a looked after child but not involved with the children’s hearings system may be placed in secure accommodation
  2. 2 Whether the children’s hearing has jurisdiction in respect of such a person
  3. 3 Whether the petitioner is a 'child' for the purposes of the relevant legislation

Ratio Decidendi

For the purposes of the Secure Accommodation (Scotland) Regulations 2013 and section 75 of the Children (Scotland) Act 1995, a 'child' includes persons under 18, so the petitioner was lawfully placed in secure accommodation and referred to the children’s hearing; section 199 of the 2011 Act does not override this definition.

Court Disposition

reclaiming motion refused; petition refused

Orders

  • Court adhered to the Lord Ordinary’s interlocutor refusing the petition.
  • Petitioner’s claim for damages dismissed.