It could easily be said that a big over-arching Court of Appeal analysis of Secure Accommodation has been long overdue, but it is here now. And just like B-S did (or did, then didn’t, but did but didn’t, depending on which subsequent Govt press release/Court of Appeal authority you read and when), this changes everything.
I’m sorry, this is LONG. The new test on secure is in purple / para 98 of the decision http://www.bailii.org/ew/cases/EWCA/Civ/2019/2025.html
If you represent LA’s who apply for secure orders, or represent parents whose children may be placed in secure, or guardians / children who are the subjects of such applications you NEED to READ this. The landscape changes completely. There are brand new areas of proper challenge to the making of such orders, and they will be much more wide-ranging hearings than previously.
It is long, but read it.
To recap a bit for those…
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