Magical sparkle powers (repeat to fade)

“Local Authority v D [2016] EWHC 3473 (Fam)
43. Keehan J summarised the issues before the court at paragraph 9 of his judgment:
“Before finding that C is deprived of his liberty in the residential unit I must be satisfied, on the basis of the test propounded in Storck v. Germany [2005] EHRC 406, that:
a. Limb one of Storck is established, namely that C is confined to a certain limited place for a not negligible length of time;
b. He cannot in law consent to his confinement or he does not, as matter of fact, consent of his confinement; and
c. The fact of his confinement is imputable to the actions of the state.
There is no dispute that limb three of Storck is satisfied on the facts of this case.”

suesspiciousminds

The quirky case of Mostyn J and the using magical sparkle powers to place a child in quasi secure accommodation under inherent jurisidiction (child met test for secure but no secure beds) but wait, the child is consenting to their detention, has come up for appeal

Original blog here (and yes, I super simplified the issues in that quick summary)

Magical sparkle powers, secure accommodation and consent

The appeal is here

Re T (A Child) 2018

http://www.bailii.org/ew/cases/EWCA/Civ/2018/2136.html

In the Mostyn J case, the Judge decided that whilst a valid and enduring consent could block the Court’s use of the inherent jurisdiction (and perhaps s25 Secure Accommodation), what he was presented with was not in fact a genuine and enduring consent. The young person had capacity to agree to their detention, but the Judge thought that is was not a consent given with the intent of honouring it (which may be supported…

View original post 4,143 more words

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