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Miss Asma Nizami (Instructed by Clyde & Co) on behalf of the applicant Hospital Trust Mr Martin Downs (Instructed by Goodman Ray) on behalf of the parents Miss Gemma Kelly (Instructed by Freemans solicitors�) on behalf of the child through her guardian Miss Kerrie Croxford (Instructed by LA Legal Services) on behalf of the local authority Hearing dates: 8 December 2023 ____________________
a. This jurisdiction is reserved to and inherent to the High Court. It is derived "from royal Prerogative, as parens patriae, to take care of those who are not able to take care of themselves" [Re L (An Infant) [1968] 1 All ER 20 See also A City Council v LS [2019] 1384 (Fam)].
b. It may be used to complement or supplement the existing statutory scheme and is "capable of filling gaps left by the law, if and in so far as those gaps have to be filled in the interest of society as a whole." [per Lord Donaldson of Lymington MR at 13 in Re F (Mental Patient: sterilisation ) [1990] 2 AC 1 , see also A Mother v. Derby City Council EWCA Civ [2021]1867, at 82].
c. The court's inherent jurisdiction is not without limits [ Re X (A Minor)(Wardship: Restrictions on publication) [1975] All ER 697)] and the court's permission is required to invoke it [see s 100 of the Children Act (1989) and the Family Procedure Rules [2010] PD 12D)].
d. Art. 5 of the ECHR confirms a right on every individual not to be deprived of their liberty and such a deprivation is only permissible in certain circumstances.
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