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The enforceability of a Care Order in Scotland

Date:22 APR 2021
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Alan Inglis Arnot Manderson Advocates Edinburgh; 4 Paper Buildings

The dearth of specialist residential placements for children in England and Wales has been the topic of regular judicial ire. The relative availability of such establishments in Scotland whether or not offering curtailment of liberty has exposed the complexities of reconciling radically different regimes of public childcare law. The case of South Tyneside v H (Interim Care: Scottish Residential Placement) [2020] EWHC 2780 (Fam) examines the legal consequences of such placements. Unfortunately Cobb J was led into error in concluding that a Care Order is unenforceable in Scotland because he was not referred to the terms of s 50(13) which makes a Recovery Order directly enforceable there. This omission causes the learned judge to favour an ancient and cumbersome Scottish procedure which is wholly unsuited to the emergency circumstances in which the need to enforce a care order would arise.

This aspect of the judgment has created confusion and anxiety in English and Welsh local authorities which have children placed cross-border. This article seeks to outline the correct approach to the enforcement of a Care Order in Scotland...

Read the full article here.