In the matter of child J – Family Law Week case summary

September 14, 2020

Use of inherent jurisdiction to authorise a placement involving a deprivation of liberty when one or more of the relevant criteria under s25 of the Children Act 1989 are not satisfied.

The LA applied under the inherent jurisdiction for leave to apply for an order depriving a 16 year old boy of his liberty because it was not able to apply under s 25 of the Children Act 1989 – the relevant criteria not being satisfied.  The boy was beyond parental control and due to his involvement with criminal activity and gang violence was at high risk of significant harm or even death.  The placement identified and proposed was an unregistered children’s home

The application was granted.  The court considered the relevant statute and case law, as well as the Guidance from the President of the Family Division Sir Andrew McFarlane in relation to placements under the inherent jurisdiction when reaching its decision.

Read the full summary on Family Law Week.