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10 July 2008
Issue: 7329 / Categories: Case law , Child law , Law digest , Family
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Family law

Re M (a child) (secure accommodation order) [2008] EWHC 1085 (Fam), [2008] All ER (D) 389 (Jun)

A free standing application cannot be made for an interim secure accommodation order. The power to make an interim order only arises under s 25(5) of the Children Act 1989 if the court adjourns the hearing of the local authority’s application.

The preliminary procedural question for the court on any application for a secure accommodation order is whether to proceed to determine the application or whether to adjourn it. If the court is satisfied it has all the information that it needs to determine the issues raised by the application and that it would be procedurally fair to proceed, then it is likely that there will be no grounds upon which the court can properly adjourn the substan-tive application.

In those circumstances the court must proceed to determine the application for the secure accommodation order. If the court decides to adjourn the application, then the period of adjournment should be the minimum necessary to ensure the factors justifying an adjournment are addressed.

The function and role of the children’s guardian within secure accommodation proceedings is to provide assistance to the court with the issues raised by the application. It is not to oversee the exercise by the local authority of its statutory duties, nor to perform a free-standing welfare role for the benefit of the child.

Issue: 7329 / Categories: Case law , Child law , Law digest , Family
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MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

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Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
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