179: Safe as Houses: depriving children of their liberty
Law Pod UK
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Use of the Inherent Jurisdiction
It is a difficult jurisdiction because it feels uncomfortable to be using the inherent jurisdiction when there is a statutory provision. Section 103 of the Children Act of 1989 says that no application for any exercise of the court's inherent jurisdiction with respect to children may be made by a local authority unless they have obtained leave at the court. The case law says that if the local authority has to place in an unregulated placement, that can be done but the court has to be satisfied that steps are being taken to achieve regulation. And as with secure accommodation applications only as a last resort because depriving a young person or child of their liberty is a major massive step in their lives.
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