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England and Wales High Court (Family Division) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Family Division) Decisions >> K (A Child), Re  EWHC B31 (Fam) (27 September 2016)
Cite as:  EWHC B31 (Fam)
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CAERNARFON DISTRICT REGISTRY
IN THE MATTER OF THE CHILDREN ACT 1989
AND THE SOCIAL SERVICES AND WELL-BEING (WALES) ACT 2014
AND IN THE MATTER OF K (A CHILD)
B e f o r e :
(Sitting as a Deputy Judge of the High Court)
| X COUNCIL
|- and -
and (a child) by her Guardian (3)
Posib Ltd, St Mary's Chambers, 87 High Street, Mold, Flintshire, CH7 1BQ
Official Transcribers to Her Majesty's Courts and Tribunals Service
Tel: 01352 757273
The First and Second Respondents did not appear and were not represented
Mr Abberton of Counsel for the Children's Guardian
Hearing dates: 27lh September 2016
Crown Copyright ©
HIS HONOUR JUDGE GARETH JONES
(Sitting as a Deputy District Judge of the High Court):
(i) the Local Authority are represented by Miss Mihangel of counsel;
(ii) K is represented by her Guardian, Miss Wilson, and by her counsel, Mr Abberton;
(iii) K's parents (who are both parties to the application) are not represented today, nor are they present, but they are aware of the application, having been informed thereof orally by the Guardian, and they have indicated their consent to the application and the Orders sought.
"These particular issues arise because of the shortage of places in secure accommodation units in England, so that local authorities and Courts in England, particularly in the north of England, whether on the Northern Circuit or the North-Eastern Circuit, look to making use of available places in secure accommodation units in Scotland."
(i) section 25 of the Children Act 1989, does not enable the Family Court in England and Wales to make a Secure Accommodation Order in respect to a placement in Scotland. That is because section 25 in its amended form relates solely to a placement in England;
(ii) such a placement can now only be authorised under the Court's inherent jurisdiction; and
(iii) there is no mechanism for the recognition or enforcement of such an Order under the inherent jurisdiction in Scotland, apart from an Order of nobile officium before the Scottish Court of session.
"A similar analysis, in my judgment, applies and leads to the same conclusion in relation to paragraph 19 of Schedule 2 to the 1989 Act".
End of judgment