Petitions For The Exercise Of The Nobile Officium By The Mayor And Burgesses Of The London Borough Of Lambeth And Medway Council
| Jurisdiction | Scotland |
| Judge | Lord Menzies,Lord Woolman,Lord Doherty |
| Neutral Citation | [2021] CSIH 59 |
| Date | 21 September 2021 |
| Docket Number | P844/20, P349/21 and P598/21 |
| Court | Court of Session |
| Published date | 26 October 2021 |
EXTRA DIVISION, INNER HOUSE, COURT OF SESSION
[2021] CSIH 59
P844/20, P349/21 and P598/21
Lord Menzies
Lord Woolman
Lord Doherty
NOTE
delivered by Lord Menzies
in the petitions for the exercise of the Nobile Officium
by
(FIRST) THE MAYOR AND BURGESSES OF THE LONDON BOROUGH OF LAMBETH
and
(SECOND) MEDWAY COUNCIL
Petitioners
First Petitioners: JJ Mitchell QC; Morton Fraser
Second Petitioners: JJ Mitchell QC; Thorley Stephenson SSC
Lord Advocate: M Ross QC; Irvine; SGLD
21 September 2021
[1] Sometimes local authorities in England and Wales are unable to find suitable
placements for vulnerable children within their care. They make arrangements for the child
to be placed at a residential establishment in Scotland. Almost invariably, that involves the
child being deprived of his or her liberty.
To continue reading
Request your trial
2 cases
-
London Borough of Hackney v Lord Advocate
...of the child so demand (paras 1, 12). Cases referred to: Lambeth and Medway Council (Mayor and Burgesses of the London Borough of) Petrs [2021] CSIH 59; 2021 SLT 1481; 2022 Fam LR 2 The London Borough of Hackney presented a petition to the nobile officium of the Court of Session craving the......
-
Petition For The Exercise Of The Nobile Officium By The London Borough Of Hackney
...note delivered by Lord Menzies involving petitions by the Mayor and Burgesses of the London Borough of Lambeth and Medway Council - [2021] CSIH 59. In short, there was a statutory lacuna; there was no legislation allowing for the recognition of such High Court orders. A legislative solution......