A Local Authority v The Mother & Ors

A local authority may arrange accommodation for a looked-after child subject to a final care order without further court involvement, provided that the arrangements do not involve a deprivation of liberty. A deprivation of liberty requires authorisation through the High Court’s inherent jurisdiction. A secure accommodation order requires the statutory criteria to be met; where they are not met, no such order should be made. The judgment also highlights the serious safeguarding and regulatory concerns arising from unregistered placements, and encourages urgent administrative action to improve the availability and oversight of suitable accommodation.

The local authority sought continuation on a final basis of an interim deprivation of liberty order made on 10 May 2022 concerning X, a 14-year-old child subject to a final care order made in November 2019. X’s out-of-area placement had broken down, leading to temporary accommodation in police and other unregistered settings. The local authority had considered seeking a secure accommodation order under section 25 of the Children Act 1989 or section 119 of the Social Services and Well-being (Wales) Act 2014, but accepted that the criteria were not met. The central issue was whether continued court authorisation was required for X’s current arrangements.

1. The interim deprivation of liberty order made in May 2022 was discharged. The local authority’s application for a final order was therefore not pursued.
2. X remained subject to the final care order made in 2019 and was a looked-after child. The local authority was free to arrange foster, residential or family accommodation without further recourse to the court, provided that the placement did not involve a deprivation of liberty.
3. Where a proposed placement would deprive X of her liberty, the inherent jurisdiction of the High Court would need to be engaged to authorise it. Any fresh application under the inherent jurisdiction would have to be issued and gatekept in London under the arrangements applying from 26 July 2022.
4. The local authority had contemplated an application for secure accommodation under section 25 of the Children Act 1989, or section 119 of the Social Services and Well-being (Wales) Act 2014. It accepted that the statutory criteria were not satisfied, so no secure accommodation order was made.
5. The judge expressed serious concern about the use, suitability and oversight of unregistered placements in England and Wales. Those observations were not necessary to the order discharging the interim authorisation, but the judge directed that the transcript be provided to Cafcass Cymru, with possible disclosure to the Children’s Commissioner for Wales and Care Inspectorate Wales, and to relevant political representatives.

First-instance decision. No earlier appellate decision is stated in the judgment.