A local authority v NV and others

Family proceedings – Orders in family proceedings. Re X (A Child); Re Y (A Child) [2016] All ER (D) 48 (Sep) was not authority for the bare proposition that a child could be placed, without more, in a placement in Scotland which was not approved as secure accommodation by the Scottish Ministers, pursuant to an order authorising the deprivation of the child's liberty, and made pursuant to the inherent jurisdiction of the English High Court. Rather, it was authority for the proposition that, while the English court had the power to make such an order, unless the Inner House of the Court of Session in Scotland agreed to invoke the nobile officium in respect of such a course of action, such placement might be without legal authority in Scotland. Insofar as the Family Court Practice suggested otherwise, it was not correct. The Family Divisions so ruled, among other things, in allowing a local authority's application for an adjournment to permit it to petition the Inner House of the Court of Session in Scotland for orders finding and declaring that measures ordered by the English High Court in respect of the third respondent child, who was currently accommodated in a placement in Scotland, should be recognised and enforceable there. The court further granted the authority interim relief under the inherent jurisdiction, pending the determination of that petition.

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