Policy, Guidance & Law

The deprivation of a child’s liberty – Family Law

The Court of Appeal has reaffirmed the interpretation of the word ‘abscond’ in terms of escaping indefinitely from an imposed regime. This ruling will have a significant impact upon local authority applications in future …

‘There are two criteria for the making of a secure accommodation. The first being that the child has a history of absconding, is likely to abscond from any other description of accommodation and, if they abscond, they are likely to suffer significant harm. In practice, this is very often used with children who do not stick to the rules of a residential placement, for example by breaking the curfew and returning late or many days later.

However, the Court of Appeal has reaffirmed the interpretation of the word ‘abscond’ in terms of escaping indefinitely from an imposed regime. The child disregarding the rules of the unit and absenting herself for limited periods did not satisfy the definition of absconding. Therefore, the first of the criteria was not available to the local authority.’

Read more via Family Law: The deprivation of a child’s liberty by Jason Hadden MBE, Emma Kendall

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2 comments on “The deprivation of a child’s liberty – Family Law

  1. Reblogged this on | truthaholics and commented:

    ‘There are two criteria for the making of a secure accommodation. The first being that the child has a history of absconding, is likely to abscond from any other description of accommodation and, if they abscond, they are likely to suffer significant harm. In practice, this is very often used with children who do not stick to the rules of a residential placement, for example by breaking the curfew and returning late or many days later.

    However, the Court of Appeal has reaffirmed the interpretation of the word ‘abscond’ in terms of escaping indefinitely from an imposed regime. The child disregarding the rules of the unit and absenting herself for limited periods did not satisfy the definition of absconding. Therefore, the first of the criteria was not available to the local authority.’

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