In the matter of T (A Child) (Appellant)
Case ID: UKSC 2019/0188
Case summary
Issue
- In circumstances where insufficient places are available in registered secure children's homes, is the exercise of the inherent jurisdiction to authorise a child's placement in unregistered secure accommodation lawful?
- If it is, what legal test should the courts apply when determining whether to exercise the inherent jurisdiction?
- Is a child's consent to the confinement of any relevance when determining whether to exercise the inherent jurisdiction?
Facts
The appellant, T, was a 15-year-old child who was subject to a care order. The local authority, CBC, wished to place T in secure accommodation. Since there were no places available in registered secure children's homes, CBC applied to the High Court for orders under its inherent jurisdiction authorising T's placement in non-statutory accommodation. T had consented to the restrictions on her liberty in the placements sought and submitted that the orders restricting her liberty were, therefore, unnecessary.
The High Court did not consider that consent to be valid, and duly made the orders sought by CBC. T seeks to challenge those orders. She does not object to the placements or the restrictions on her liberty, but wishes to be recognised as capable of consenting in law.
The Court of Appeal dismissed her appeal. T now appeals to the Supreme Court.
Parties
Appellant(s)
T (A child)
Appeal
Justices
Lady Black, Lord Lloyd-Jones, Lady Arden, Lord Hamblen, Lord Stephens.
Hearing start date
28 Oct 2020
Hearing finish date
29 Oct 2020
| Watch hearing | ||
|---|---|---|
| 28 Oct 2020 | Morning session | Afternoon session |
| 29 Oct 2020 | Morning session | |
Judgment details
Judgment date
30 July 2021
Neutral citation
[2021] UKSC 35
- Judgment (PDF) Please note:The amendment is in line 9 of para 195 – "The incorrect reference to the year 2000 in relation to section 6 of the Human Rights Act has been amended to 1998".
- Press summary (HTML version)
- Judgment on BAILII (HTML version)
| Watch Judgment summary | |
|---|---|
| 30 Jul 2021 | Judgment summary |
Reporting restrictions
In the matter of T (A Child) (Appellant)
Case ID: UKSC 2019/0188
THE COURT ORDERED that no one shall publish or reveal the name or address of the appellant who is the subject of these proceedings or publish or reveal any information which would be likely to lead to the identification of the appellant or of any member of her family in connection with these proceedings.