View source for Re SB (2024) EWHC 2964 (Fam)

{{Case
|Date=2024-11-19
|NCN=[2024] EWHC 2964 (Fam)
|ICLR=[2025] WLR(D) 49
|ICLR ID=2024006885
|Essex issue=146
|Essex page=29
|Other citations=[2025] 4 WLR 16
|Court=High Court (Family Division)
|Judges=Keehan
|Parties=Conwy County Borough Council, PR, LR, SB, Betsi Cadwaladr University Health Board
|Cites=Manchester University NHS Foundation Trust v JS (2023) EWCOP 33# GJ v The Foundation Trust (2009) EWHC 2972 (Fam)
|Sentence=Inherent jurisdiction and MHA
|Summary=SB, a 15-year-old, was subject to an interim care order, and a deprivation of liberty order made under the High Court's inherent jurisdiction. The local authority argued that the court should declare that SB was within the scope of the MHA and that therefore the inherent jurisdiction could not be used. Its submissions were based on parity of argument with the Case E ineligibility provisions in the MCA, the interpretation given to them in ''GJ'', and the approach taken by the court in ''JS''. The High Court decided that the approach taken in ''JS'' did not apply to the inherent jurisdiction: to make a declaration about MHA detention would be to exercise an impermissible supervisory review function; if such a declaration were made as a means of influencing the professionals' decisions then it would be an abuse of process; in any event, the outcome might leave SB without protection from either regime.
|Subject=Deprivation of liberty - children,Inherent jurisdiction cases
|News=Yes
|RSS pubdate=2024-11-21 02:35:11 PM
}}