Unregulated placements for children under 16

Can the High Court to still authorise, under its inherent jurisdiction, the deprivation of liberty of a child under the age of 16 following amendments to the Care Planning, Placement and Case Review (England) Regulations 2010? Tahmina Rahman, barrister at 1GC Family Law, considers the issues. 

This article considers:

• Whether the High Court may authorise unregulated placements for children under 16 from 9 September 2021 (Tameside MBC v AM and others)
• What are the practical implications of the case of Tameside Metropolitan Borough Council v AM?
• What was the background?
• What did the court decide?

Article summary
The issue in the conjoined appeals in Tameside Metropolitan Borough Council v AM was whether it remained open to the High Court to authorise, under its inherent jurisdiction, the deprivation of liberty of a child under the age of 16 where the placement is prohibited by the terms of the amended statutory scheme in place from 9 September 2021, in the context of the coming into force of amendments to the Care Planning, Placement and Case Review (England) Regulations 2010.

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