Essex County Council v MH & Ors

Facts

ST, a 15-year-old girl, was placed in the care of Essex County Council in 2017. Earlier care proceedings about her and her brother ended in February 2018 with care and placement orders. The placement order was later discharged because it was decided that ST would stay in foster care. She repeatedly self-harmed and absconded, which put her at very serious risk of harm, and orders authorising the deprivation of her liberty had been made from July to December 2024 and from July to November 2025. On 10 December 2025 the local authority applied for orders under the inherent jurisdiction authorising the deprivation of her liberty. On 11 December 2025 Keehan J made a short-term order. It provided for 24-hour 3:1 supervision, physical restraint where necessary, locked doors and windows, and steps to keep sharp objects away from her. When that placement gave notice, ST was moved on 30 December 2025 to a residential placement run by X Care, and HHJ Furness KC varied the order by consent. Neither the court nor the other parties knew that Ofsted had rated the new placement inadequate. At a series of later hearings before Mrs Justice Theis, the court repeatedly directed evidence on ST's placement, education and therapy. ST disagreed with her Children's Guardian and was separately represented, and she opposed a further order. Her mother took a limited part and her father took none. On 7 July 2026 the court authorised the deprivation of ST's liberty until 29 September 2026. This judgment gives the reasons.