The Court of Appeal, Civil Division dismissed the mother’s appeal against the High Court decision that the court’s inherent jurisdiction can be used to authorise the deprivation of liberty of a child under sixteen where the placement is prohibited by the terms of amended statutory scheme.
The Family Division decided a preliminary issue regarding the role of the Practice Guidance: Placements in unregistered children's homes in England or unregistered care home services in Wales (the Practical Guidance), in the use of the inherent jurisdiction of the court for unregistered placements.
The Family Court accepted the local authority's claim that the English courts had jurisdiction under art 5 of the Hague Convention 1996 to make orders under Part IV of the Children Act 1989 in respect of a non-British boy (K), originally from Gabon, based on K’s habitual residence in England and Wales.
MBC v AM & Ors (DOL Orders for Children Under 16) [2021] EWHC 2472 (Fam) familylaw.co.uk - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from familylaw.co.uk Daily Mail and Mail on Sunday newspapers.