Tuesday 16th – Wednesday 17th November 2021
This is an appeal against the decision of MacDonald J dated 9th September 2021 sitting in the High Court Family Division. The appellant is the mother of the child, who is the subject of proceedings brought by the local authority under the Inherent Jurisdiction of the High Court.
The appeal itself concerns the impact of amendments to Care Planning, Placement and Case Review (England) Regulations 2010 having effect from 9 September 2021 following the introduction of the Care Planning, Placement and Case Review (England) (Amendment) Regulations 2021. The appellant’s argues that the Regulation as amended makes the placement of a child in an unregistered children’s home unlawful which has two principal consequences in respect of the use of the inherent jurisdiction to authorise a deprivation of liberty within that placement.