[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	England and Wales Family Court Decisions (other Judges)
You are here: BAILII >> Databases >> England and Wales Family Court Decisions (other Judges) >> B (A Child), Re [2016] EWFC B23 (05 April 2016) URL: http://www.bailii.org/ew/cases/EWFC/OJ/2016/B23.html Cite as: [2016] EWFC B23

[New search] [Printable RTF version] [Help]

IN THE FAMILY COURT
SITTING AT NEWCASTLE-UPON-TYNE
IN THE MATTER OF THE CHILDREN ACT 1989


AND IN THE MATTER OF: B (A CHILD)
IN THE MATTER OF THE CHILDREN ACT 1989
AND IN THE MATTER OF: B (A CHILD)

		The Law Courts The Quayside Newcastle-upon-Tyne NE1 3LA
		5th April 2016

JUDGMENT

HIS HONOUR JUDGE FREEDMAN:

1. This is an application by North Tyneside Council for a secure accommodation order pursuant to s.25 of the Children Act 1989 in relation to a child by the name of A, who was born on 10^th July 1999 and she is therefore aged 16 years and 8 months. There is a long history of involvement by the local authority in A's care. She was made subject to a care order on 15^th May 2013. Since that time, there have been a whole variety of placements, which it is not necessary to recount. A detailed chronology appears in the witness statement from the assigned social worker, Anna McAlpine. However, it is plain that, from January 2014 onwards, there have been regular and frequent problems with A absconding, A abusing alcohol, A self-harming, bringing herself to the notice of the police on more than one occasion and generally behaving on a not infrequent basis, in a manner which is suggestive of being out of control. In recent times, it seems that A has been associating with people who are involved in criminal activity and, more specifically, may be involved in sexual abuse of one form of another and even trafficking for sexual purposes. That is a very real concern which the local authority rightly have.
2. Moving forwards to the beginning of this year, A having been placed at Residential Home A, she absconded on numerous occasions. She has also been threatening and abusive whilst in that home. She was reported missing on 28^th March. She was returned on 29^th March. It seems that in the time that she was absent from the home, she had been associating with a member of a family who is well known to be involved in child sexual exploitation and sex trafficking. Having been brought home, she absconded again on 30^th March. She claimed, when found, that she was walking to Scotland.
3. On Saturday, 2^nd April, A was taken into custody. At that time, it became apparent that Residential Home A was no longer prepared to let her stay there. The local authority commenced this application and A was then accommodated securely at Residential Home B in Bishopton in Scotland. It is the local authority's plan if this application is successful that that is where, in the short term at any rate, A will reside.
4. Her father and her mother have attended today and I am very grateful for that. They are fully aware of the difficulties in A's life and the problems which she presents, both to herself and to others. They both agree, albeit I suspect with some reluctance, that in the short-term it is in A's best interests for her to be securely accommodated. They appreciate, I think, that if she is not in secure accommodation, there is a real likelihood that she will abscond and if she absconds, then she will come into contact with people who are a threat to her welfare and safety.
5. The guardian, who is represented by Miss Cannell-Mirza concludes that the only way forwards for A in her best interests is for her to be securely accommodated. A herself, to her enormous credit, has engaged this morning and spoken to the guardian and to counsel about the plan. Understandably, she does not want to go into a secure unit, but I am told that she does understand the reasons why the local authority have made this application. She says that she is determined to work with professionals. I hope that is right. I hope that she will take advantage of the support and guidance that is going to be offered to her. I think A appreciates that if she does respond well, then there is a much better prospect of her coming out of secure accommodation earlier and being placed in accommodation which she would much prefer.
6. Having read the witness statement of Anna McAlpine and looked at the chronology, which makes for depressing reading, I have no doubt whatsoever that the criteria laid out at s.25(1)(a) of the Children Act 1989 are satisfied. That is to say that A is a child being looked after by a local authority. She can only be placed in secure accommodation if there is a history of absconding. I have already alluded to the extended history of absconding. It is plain that her history of absconding makes it very likely indeed that if she were not placed in secure accommodation, she would abscond from any other type of accommodation. The court also needs to be satisfied that if she were to abscond, she would be likely to suffer significant harm. I have no doubt that that is the case. I have already referred to the fact that she has been coming into contact and associating with perpetrators of very serious sexual offences. Her welfare is at very significant risk if she were to abscond and if she were to come into contact with such people. More than that, she would be at risk of suffering significant harm and damage. I do not need to go on to consider subsection (b), but it is also the case that if she is not securely accommodated, there is a risk that she might injure herself through self-harming.
7. In these circumstances and whilst a court is always slow to make a secure accommodation order, it seems to me that it is in A's best interests to protect her safety and welfare that such an order be made. The local authority ask for an order for three months. It can be extended beyond that period, but they would have to come back to court. My sincere hope is that within that period of three months, A takes advantage of the support made available to her, particularly from the clinical psychologist who thought that she would benefit from therapy and that after that period of time, she will be able to move into unrestricted accommodation, but only time will tell.
8. For the moment, as I say, the secure unit will be Residential Home B, but later this month, 27^th April, it is hoped that it may be possible to move A to Residential Home C in Northumberland. There is no guarantee about that, but it is hoped that that will happen. Obviously, should that happen, it means that she is much closer to her family, which will facilitate contact. The local authority, whether she is in Scotland or Residential Home C, will produce a care plan, which will provide for fortnightly contact with parents and indirect contact through telephone and writing letters with friends and others. It is of course very important that A is not isolated from her family or from her friends and that whilst she has to be kept securely, she must also not be, as I say, excluded from contact with those closest to her.
9. That is the order which I make and the local authority will file a care plan within seven days please.