Article 39 respond to the Scottish Government’s proposals to make it administratively easier for children from England (and Wales) to be deprived of their liberty in Scotland. In short, they urge for the withdrawal of the proposals.
The fact of the matter is that there is a grave, and now scandalous, shortage of suitable establishments in this country where very troubled children such as this child can be kept safe whilst respecting their dignity and, so far as possible, their liberties. However, it needs clearly to be understood by this local authority, and by all local authorities, that the court itself does not have any resources at all available to it, nor a cheque book. I cannot myself find or create any solution in this case; but I am, frankly, not prepared simply to rubber stamp what the local authority and the other parties all know to be an unlawful situation at the moment in the present case.[2] [emphasis Article 39].
[2] A County Council v A Mother & Ors (Refusal to make a DOLS order) [2021] EWHC 3303 (Fam) [2].
Read full piece at source: Article 39’s response to Scottish Government’s Cross-border placements of children and young people into residential care in Scotland: policy position paper
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