Jersey Unreported Judgments

[2010]JRC163

royal court

(Samedi Division)

7^th September 2010

Before     :

Sir Philip Bailhache, Commissioner and Jurats Morgan and Fisher.

 

IN THE MATTER OF Z

Advocate H. J. Heath for the Minister for Health and Social Services.

Advocate M. P. Renouf for Z.

judgment

the commissioner:

1.        On 25^th August, 2010, the Court handed down its decision on an application by the Minister for Health and Social Services for a secure accommodation order in relation to Z and indicated that it would give its reasons more fully in a written judgment.  This we now proceed to do. 

2.        The brief history of the matter is that Z, after a rather turbulent early childhood, was adopted in Jersey in 2002.  Very unfortunately, that placement was not ultimately successful.  The relationship between Z and the adoptive parents broke down and in October 2009, Z moved out of the home to live with a family friend.  A few weeks later, Z revived the relationship with Z's birth family and moved to live with the mother's sister.  It has now been alleged that the friend of the adoptive family had been sexually abusing Z for some four years.  The man will shortly stand trial for these alleged offences.  Early in 2010, Z moved from the maternal aunt to St Mark's Adolescent Centre. 

3.        During the period between June 2009 and May 2010, Z's behaviour deteriorated.  Z admits to poly substance abuse and to self harm.  Z committed various offences which brought Z into contact with the criminal justice system and is now currently subject to a Probation Order.  In October 2009, Z presented at the General Hospital following a panic attack.  In May 2010, Z was twice assaulted at or near the St Mark's Adolescent Centre and suffered, inter alia, a broken nose.  Z inhaled from aerosols, was aggressive and uncooperative, and at the same time was extremely vulnerable.  Z complained that there was no one who cared.  Z threatened to cut Z's own throat and told police officers that Z did not expect to live very long.  Z was a deeply disturbed and unhappy adolescent who was described as being very frightened and out of control.  That was the background, in brief, to the making of a secure accommodation order by this Court on 27^th May, 2010. 

4.        Z was taken to Greenfields, where a Care Plan was put in place.  Blood tests showed that Z's abuse of alcohol had caused significant liver damage.  Z claimed to have been abusing alcohol and drugs since the age of 12.  Z appeared to have no motivation to change, although agreed to see the Alcohol and Drug Service.  The Care Plan involved a period of three months at Greenfields where Z had formed positive relationships with some of the staff.  It envisaged discharge at the end of that period with the assistance of a multi-agency group.  The Plan aimed to meet Z's educational needs (Z had received no education for eighteen months) and the other needs of an adolescent to ensure proper development.  Z's physical and mental health would be monitored and encouragement would be made to eat healthily and to take care of own hygiene.  It was acknowledged that limited progress was likely to be made in three months. 

5.        That prediction turned out to be accurate.  On 28^th June, Z escaped from Greenfields and was missing for four hours.  During that time Z drank wine and used aerosols and was drunk when returned to Greenfields.  On 27^th July Z was allowed out to spend some time with the biological father.  Z absconded from the father's care and was later found with an empty bottle of vodka.  Z was intoxicated but otherwise well.  On 5^th August Z was permitted to spend some short time with friends outside Greenfields.  Z failed to honour the arrangement for return, and was found at 1:00am having used both alcohol and aerosols.  On 18^th August, Z was trusted to travel from Greenfields to an appointment at the Children and Adolescents' Mental Health Service.  Z failed to attend and arrived at the father's house at 9:00pm having been drinking.  Z has also failed to engage with the Children's Service on initiatives relating to basic education, the Advance to Work Scheme, the Prince's Trust, and physical training in the gym. 

6.        On the other hand, Z is assessed to have made some modest progress.  Even though Z did abscond, the behaviour was not as uncontrolled and wild as before the making of the secure accommodation order.  Z had worked with the chef at Greenfields and acquired some culinary skills.  Z has also learned how to look after Z's own clothes.  A healthy diet has largely repaired the damage to Z's liver.  Z's relationship with the biological father has developed to such an extent that the Court was persuaded to make a parental responsibility order in favour of the father.  The application for that order was made on short notice, and the Court ordered that notice of it should be given to the adoptive parents so that they could make submissions to the Court if thought fit.  They have informed the Children's Service that they wish to have nothing more to do with Z, and we regard it as unlikely that they will seek to make submissions, but they have liberty to do so. 

7.        That was the position when the Court sat on 25^th August when the secure accommodation order was due to expire the following day.  The Children's Service had anticipated that by that stage, bed-sitting accommodation would have been completed following the renovation of Les Chênes.  The Court was informed, however, that the renovation had been delayed and had not even been started.  The Youth Action Team had located an alternative flat which was not to be vacated until 28^th August. 

8.        Counsel for the Minister accordingly applied to extend the secure accommodation order for another month.  The plan was for Z to assist in the redecoration and equipping of the flat during the first week of the extended order and thereafter to be introduced gradually to independent living. 

9.        Mr Renouf, for Z, told us that Z did not want to remain at Greenfields.  Z had been remanded there in a criminal justice context as a result of the offending, and did not understand why Z should now be compelled to live at Greenfields having not done anything wrong.  When the secure accommodation order was first made, the Court explained to Z that being sent to Greenfields was for Z's own protection and wellbeing, but we do understand the confusion that Z expresses. 

10.      The purpose of this short judgment is to express our dissatisfaction and frustration that the Court was compelled to extend the secure accommodation order for a period of seven days.  Secure accommodation is exactly that.  It involves a deprivation of liberty and is to be used in a civil context only in extreme circumstances for the protection of young people.  It should not be used because there is no other available accommodation for children in the care of the Minister.  We have not been told the reasons for the delay in providing suitable accommodation at Les Chênes.  As we understand it, financial resources have been made available to the Minister, and we hope that she will make enquiries and ensure that the Court is not placed again in the position of having to make an order which is contrary to principle.  We were satisfied that the conditions set out in Article 22 of the Children (Jersey) Law 2002 for the making of a secure accommodation order were met, but we would not have exercised our discretion to make the order had we not been persuaded that there was no viable alternative.  We accepted the view of the Children's Service that a more gradual introduction to independent living for Z would have been desirable.  That would, however, have involved an unacceptable extension of the time during which Z would have been subjected to constraints upon Z's liberty.  The extension of the secure accommodation order for a period of seven days so that the alternative accommodation could be made available was the lesser of the two evils.  It was for those reasons that we made our order on 25^th August, 2010. 

Authorities

Children (Jersey) Law 2002.