- Cited — B (Secure Accommodation Order), Re (Rev 1) 2019-11-21
“…der s.25 involves a deprivation of liberty under Article 5 of the ECHR: per Dame Elizabeth Butler-Sloss P in Re K (Secure Accommodation Order: Right toLiberty) [2001] 1 FLR 526. Accommodation which is provided for the purpose of restricting liberty under s.25(1) has the effect of depriving the child of liberty. That is why a court ord…”
- Cited — B (Secure Accommodation Order), Re (Rev 1) 2019-11-21
“…This court has previously held that s.25 is compatible with Article 5. In Re K (SecureAccommodation Order: Right to Liberty) [2001] 1 FLR 526, the Court of Appeal (Dame Elizabeth Butler-Sloss P, Thorpe and Judge LJJ) refused an application for a declaration that s.25 was incompatible with Article 5 a…”
- Cited — M (A Child) (Secure Accommodation) 2018-12-06
“…e M (above), a case before the Human Rights Act 1998, this court described the requirement as mandatory. In Re K (Secure Accommodation Order: Right to Liberty) [2001] 1 FLR 526, Section 25 was found to be compatible with Article 5 ECHR. More recently, in Re SS (Secure Accommodation Order) [2014] EWHC 4436 (Fam)at [26], Hayden J declin…”
- Cited — T (A Child) 2018-10-04
“…f depriving a child of their liberty the legal requirements of Article 5 will also have been fulfilled: see Re K (Secure Accommodation Order: Right to Liberty) [2001] 1 FLR 526. The court will necessarily have determined that the child’s welfare justifies, or even requires, him/her being deprived of their liberty for the purposes of m…”