X (A Child) (No 6) V

[2018] EWHC 1005 (Fam)

Summary

This judgment was a short coda recording a child’s progress after transfer from unsuitable secure accommodation to a specialist clinical unit. It contains no new determination of law. It reaffirmed the previously stated position that responsibility for deciding whether the child should remain in the unit lay with the responsible clinicians or the First-tier Tribunal.

Factual background

The judgment concerned a child who had previously required urgent transfer under section 47 of the Mental Health Act 1983 from secure accommodation to a Tier 4 adolescent low secure unit. Earlier judgments had addressed the jurisdictional and accommodation issues. This judgment, delivered on paper, recorded reports that the child had returned home, been discharged from the unit, and was making positive progress with continuing professional support.

Held

  1. Nature of the judgment. The court treated the matter as a brief coda to five earlier judgments concerning the child’s accommodation and treatment. It did not revisit the facts or determine any fresh legal issue.
  2. Responsibility for placement. The court repeated its earlier statement that the decision whether the child should remain at the specialist unit was for the responsible clinicians or the First-tier Tribunal. That statement was not developed into a new legal test or independently reasoned holding in this judgment.
  3. Outcome. Reports indicated that the child had returned home and had been formally discharged from the unit. Although ongoing support remained necessary, the reported progress was positive. The court made no further order and concluded by wishing the child well.

The court’s approach to earlier authorities

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Appellate history

The judgment was a first-instance coda to earlier judgments in the same proceedings. No appellate history is stated.

Key cases cited

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Cases citing this case

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