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MBC v AM & Ors (DOL Orders for Children Under 16) [2021] EWHC 2472 (Fam)

Date:23 SEP 2021
Third slide
Law Reporter

(Family Division, MacDonald J, 08 September 2021)

Public law children - Secure Accommodation – Unavailability of placement - Care Planning, Placement and Case Review (England) (Amendment) Regulations 2021 – Impact of Re T [2021] UKSC 35

The court held that the new regulations did not prohibit the placement of a child in an unregistered placement in the circumstances set out in Re T.


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Neutral Citation Number: [2021] EWHC 2472 (Fam)


Case Nos: MA20P02230, FD21P00578, FD21P00472 and MA21P02001
 

IN THE HIGH COURT OF JUSTICE

FAMILY DIVISION

Royal Courts of Justice
Strand, London, WC2A 2LL

Date: 08/09/2021

 

Before:

THE HONOURABLE MR JUSTICE MACDONALD

- - - - - - - - - - - - - - - - - - - - -

Between:

Case No. MA21P01965

Tameside Metropolitan Borough Council
Applicant

- and -

AM
First Respondent

-and-

AC
Second Respondent

-and-

The Secretary of State for Education

First Intervenor

-and-

Ofsted 
Second Intervenor


Case No. FD21P00578

Derby City Council
Applicant

- and -

BA
First Respondent

-and-

OM
Second Respondent

-and-

CK

Third Respondent

-and-

The Secretary of State for Education

First Intervener

-and-

Ofsted
Second Intervener

 

Case No. FD21P00472

London Borough of Lambeth
Applicant

- and -

DE
First Respondent

-and-

BM
Second Respondent

-and-

The Secretary of State for Education
First Intervenor

-and-

Ofsted 
Second Intervenor

 

Case No. MA21P02001

Manchester City Council
Applicant

- and -

DM
First Respondent

-and-

DF
Second Respondent

-and-

DC

Third Respondent

-and-

The Secretary of State for Education
First Intervener

-and-

Ofsted 
Second Intervener

- - - - - - - - - - - - - - - - - - - - -

Case No. MA21P01965

Ms Lorraine Cavanagh QC and Mr Shaun Spencer (instructed by Tameside MBC) for the Applicant
The First Respondent did not attend and was not represented
Ms Samantha Bowcock QC and Ms Emma Barron-Eaves (instructed by McAlister Family Law) for the Second Respondent
Mr Jonathan Auburn QC  (instructed by Government Legal Department) for the First Intervenor
Ms Joanne Clement (instructed by Ofsted) for the Second Intervener

Case No. FD21P00578

Ms Lorraine Cavanagh QC and Mr Shaun Spencer (instructed by Derby City Council) for the Applicant
The First Respondent appeared in person
The Second Respondent did not appear and was not represented
Mr Brendan Roche QC and Ms Kathleen Hayter (instructed by Kieran Clarke Green Solicitors) for the Third Respondent
Mr Jonathan Auburn QC  (instructed by Government Legal Department) for the First Intervenor
Ms Joanne Clement (instructed by Ofsted) for the Second Intervener

Case No. FD21P00472

Ms Elizabeth Isaacs QC and Ms Elizabeth O'Donnell (instructed by London Borough of Lambeth) for the Applicant
Mr John Buck (instructed by All Family Matters) represented the First Respondent 
Ms Tara Vindis (instructed by Charles Paulin & Co) for the Second Respondent
Ms Annie Dixon (instructed by Lawrence & Co Solicitors LLP) for the Children's Guardian
Mr Jonathan Auburn QC  (instructed by Government Legal Department) for the First Intervenor
Ms Joanne Clement (instructed by Ofsted) for the Second Intervener

Case No. MA21P02001

Ms Lorraine Cavanagh QC and Mr Shaun Spencer (instructed by Manchester City Council Legal Services) for the Applicant
The First Respondent appeared in person
The Second Respondent appeared in person
Mr Callum Brook (instructed by Temperly Taylor LLP) for the Third Respondent
Mr Jonathan Auburn QC  (instructed by Government Legal Department) for the First Intervenor
Ms Joanne Clement (instructed by Ofsted) for the Second Intervener


Hearing date: 6 September 2021

- - - - - - - - - - - - - - - - - - - - -

Approved Judgment

I direct that no official shorthand note shall be taken of this Judgment and that copies of this version as handed down may be treated as authentic. Covid-19 Protocol: This judgment was handed down remotely by circulation to the parties' representatives by email.  The date and time for hand-down is deemed to be at 12 noon on 8 September 2021.



Judgment: Tameside MBC v AM and Ors [2021] EWHC 2472 (Fam)

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