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18 JUN 2012

BRUSSELS II REVISED: Health Service Executive v SC and AC (C-92/12 PPU)

(Court of Justice of the European Union, 26 April 2012) 

The vulnerable child who had exceptional care needs had been placed in various care homes in Ireland during her life. There had been repeated episodes of risk-taking, aggression, violence and self harm and her most recent placement had failed. Clinical professionals were in agreement that child needed to remain in a secure placement for her own protection and so that she could receive therapeutic interventions.

They were unable to identify an institution in Ireland which could cater for child's needs but one in England was a possibility. Consent was obtained from Central Authority in England and the High Court ordered the child's placement but the High Court in Ireland made a reference for preliminary ruling on compliance with Brussels II Revised.