X (Child: Deprivation of Liberty: Lack of Placement), Re
[2023] EWHC 3416 (Fam)
Lancashire County Council v Claire X
26 October 2023
[2023] EWHC 2667 (Fam)
High Court
A troubled 15-year-old girl keeps hurting herself and running away from care homes. There aren't enough safe places for her, so a judge said she can stay in the hospital under close watch until a better solution is found. The judge also wants her to get special therapy while she waits.
Key Facts
- •15-year-old girl, Claire X (CX), with a history of self-harm, suicidal ideation, and sexual exploitation.
- •CX has ADHD and a history of trauma and adverse childhood experiences.
- •CX has been in multiple placements, all of which have broken down due to her behaviour.
- •CX is currently in a Midlands Hospital under 4-to-1 supervision.
- •There is a significant lack of secure accommodation for young people with complex needs.
- •Mental health professionals disagree on whether CX meets the criteria for detention under the Mental Health Act 1983 (MHA).
Legal Principles
The court's inherent jurisdiction to protect children.
Inherent Jurisdiction
Mental Health Act 1983 (MHA)
Mental Health Act 1983
Best interests of the child are paramount.
Children Act 1989
Lack of adequate resources for children with complex needs creates tension between local authorities and the NHS.
Blackpool BC v HT (etc) [2022] EWHC 1480 at [51]
Outcomes
Order authorising Claire's deprivation of liberty in the Midlands Hospital.
To ensure her safety and prevent further self-harm, given the lack of suitable alternative placements.
Direction for Dr. K to provide DBT treatment while in hospital.
To address CX's underlying mental health needs while awaiting a suitable long-term placement.
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