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Reported Case

Re H (Interim Care: Scottish Residential Placement) (9 December 2020)

Date: 09/12/2020
Duncan Lewis, Reported Case Solicitors, Re H (Interim Care: Scottish Residential Placement)

We represent the mother in care proceedings. The child, H, has complex medical needs.

In 2006, the child was placed in the father’s care under a Residence Order. Contact between the mother and child was prevented by the father and had not taken place for a number of years.

In July 2019 the father said that he was no longer able to manage and safely care for H. H was accommodated in July 2019 and placed in Kyliemoons residential unit in Scotland in August 2019. The mother was not informed until October 2019 that H had been accommodated. Her consent had not been sought.

The local authority issued care proceedings in July 2020 and sought a Care Order. Parenting assessments of the parents were directed along with a report to consider all placement options.

The matter was referred to a High Court judge to determine:


  1. The use of the Children Act 1989, s.20 and interim care orders in respect of placement of the children outside the jurisdiction

  2. Whether they assert that H’s living circumstances amount to a deprivation of his liberty.


The matter came before HHJ Hobb who determined that there was nothing to prevent the local authority from placing H in Scotland as long as it can demonstrate that it had complied with its multiple duties under the Children Act 1989 and that this was the most appropriate placement for H.

In a case such as this the court would want to ensure specific compliance with the requirements of the 2010 Regulations. If satisfied with such compliance, and of the view that the plan for placement in residential care in Scotland meets the needs of the child, it would be appropriate for the order placing the child in the interim care of the authority to be endorsed with the explicit acknowledgement and approval of the plan to place the child across the border in Scotland.

The court also determined that H was not deprived of his liberty.


Representation

The mother was represented by solicitor Hanife Djemal and child care director Emine Mehmet.

 

Find full details of this case on Bailii’s website here.
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