Landmark case in relation to secure accommodation orders

November 26, 2019

Re B (Secure Accommodation Order)[2019] EWCA Civ 2025

Lorraine Cavanagh QC led Denise Gilling from 1GC and Baljinder Bath of 4PB for the Association of Lawyers for Children. The Court of Appeal has settled upon a broad definition of the term ‘secure accommodation’ within section 25 CA 1989. Concluded that the relevant criteria that must be met before an order is made includes an evaluation of the child’s welfare and the proportionality of the proposed interference with Article 5 and 8. The time to assess if the criteria under section 25 are met is the date of the hearing.

The full judgment is available on BAILII.