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The Supreme Court have dismissed the appeal of a 15 year old who was accommodated in a placement in England which was not a registered children’s home or approved for use as secure accommodation.
In the matter of T (A Child) [2021] UKSC 35, the Supreme Court held that the use of the inherent jurisdiction to authorise the deprivation of liberty in cases like the present is permissible.
The Court did however express concern at the Local Authority use of their inherent jurisdiction via the High Court to fill a gap in the child care system caused by limited resources.
The Supreme Court were unanimous in their dismissal of the appeal.
