London Borough of Brent v K

Authorities seeking urgent collection orders for vulnerable children must have firm, appropriate and durable arrangements for placement and transportation in place before applying. Those arrangements must remain available until the child has been safely recovered. A court order must not be obtained first and operational arrangements devised afterwards. Failure to make and maintain those arrangements may constitute abusive treatment of an already vulnerable child and may expose the authority to consequences in subsequent proceedings or actions.

The local authority had parental responsibility for a highly vulnerable child in care who was at risk of sexual exploitation, had absconded and was believed to be associating with a dangerous adult. On 11 December 2014 the authority obtained an urgent collection order. After the child was located, however, no adequate placement or transport arrangements were available. She remained distressed in police custody for more than seven hours while arrangements were sought.

The judgment addressed the operational failures surrounding the execution of the order, the information provided to the court, and the responsibilities of local authorities seeking urgent protective orders.

1. The urgent collection order was granted only because the court was satisfied that appropriate arrangements for placement and transportation were securely in place. In fact, those arrangements did not exist. The resulting failure was unacceptable and principally failed the vulnerable child.
2. Authorities applying for urgent collection orders must have firm arrangements for both placement and transportation in place before the application is made. Those arrangements must be available and durable while the child is being located and until safe recovery is completed. It is unacceptable to make enquiries about placement or transport only after the order has been granted.
3. This requirement does not prevent urgent applications where a child requires protection. Authorities have parental responsibility and may need to seek orders urgently, but they must be able to demonstrate that the practical arrangements supporting the order are real, accurate and capable of immediate implementation.
4. Authorities must provide the court with accurate information and ensure that advocates understand the information and arrangements required. Robust emergency processes must be maintained, including proper notification to the Tipstaff of recovery and placement details.
5. The court expressed grave reservations about the authority’s emergency systems and stated that a recurrence could result in individuals being publicly named. The events also left open potential issues concerning the child’s own rights in applications or actions for lack of care.