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A Mother v Derby City Council & Anor [2021] EWCA Civ 1867

The Court of Appeal has handed down its judgment in the case of A Mother v Derby City Council & Anor [2021] EWCA Civ 1867 (07 December 2021): Appeal by mother against order authorising deprivation of liberty of child in an unregistered children’s home.

The appeal, heard by The President of the Family Division Sir Andrew McFarlane, Lord Justice Baker and Lady Justice Simler, was dismissed, with the President stating in conclusion that “…as in Re T, where conditions of imperative necessity require, the common law steps in and allows the High Court to exercise its inherent jurisdiction. That exercise of the inherent jurisdiction is not in breach of Art 5 and nor does it cut across the statutory scheme. As it is not the High Court that is making the placement, the exercise of the inherent jurisdiction is not part of the statutory scheme at all. In this respect, the situation is exactly as it was in Re T where the Supreme Court did not feel the need to read any words into the statute.The President concluding that “In those circumstances, there is no need to read words into the statutory scheme to enable it to be exercised.

Lorraine Cavanagh QC and Shaun Spencer were instructed by Derby City Council and Tameside Metropolitan Borough Council for the First Respondent and Third Intervenor.

The judgment is available on BAILII.