Lancashire County Council v Claire X
[2023] EWHC 2667 (Fam)
Birmingham City Council v Mother & Ors
1 November 2023
[2023] EWHC 3511 (Fam)
High Court
A 15-year-old girl keeps hurting herself and others. She's in a youth jail and wants to stay. Because she's so dangerous, and there's nowhere else safe for her, a judge told the court to keep her in jail for now while they find a better place.
Key Facts
- •AA is a 15-year-old girl with a history of extremely dysregulated behavior, including self-harm and assaults on third parties.
- •AA has been charged with two counts of assault and one count of escape from custody.
- •AA is currently detained at HM YOI X.
- •AA has expressed her desire to remain at HM YOI X and threatened further assaults if released.
- •There is a significant risk of AA assaulting others if released into the community.
- •The local authority (LA) lacks appropriate secure accommodation for AA.
- •Secure units have deemed AA too high a risk for placement.
Legal Principles
Best interests of the child
Children Act 1989
State's obligation to protect individuals from risk of death or serious injury
Articles 2 and 3 of the European Convention on Human Rights; Human Rights Act 1998
Outcomes
The judge urged the magistrates to adjourn AA's sentencing and remand her at HM YOI X.
To allow the LA time to find secure accommodation or explore alternative legal strategies to mitigate the significant risk of further assaults.