The WLR Daily case summaries
[2021] WLR(D) 630
Court of Appeal
A Mother v Derby City Council and another (Secretary of State for Education and others intervening)
[2021] EWCA Civ 1867
2021 Nov 16, 17; Dec 7
Sir Andrew McFarlane P, Baker, Simler LJJ
Children— Inherent jurisdiction— Deprivation of liberty— Application by local authority for order authorising deprivation of liberty in respect of child under 16 by local authority in unregistered children’s home as matter of necessity— Whether placement prohibited under amended terms of statutory scheme— Whether court having inherent jurisdiction to authorise deprivation of liberty in such circumstances—
Children Act 1989 (c 41), s 22C(6)
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Human Rights Act 1998 (c 42), s 6, Sch 1, Pt I, art 5
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Care Planning, Placement and Case Review (England) Regulations 2010 (SI 2010/959), reg 27A