Sir James Munby calls on England and Scotland to remedy legal lacunae

Sir James’ comments come in the wake of a hearing to determine if two teenagers from northwest England could be moved to secure accommodation in Scotland, owing to shortages in England.

There have been at least five cases of this kind, including two dealt with by Sir James himself.

He suggested the two jurisdictions’ law commissions undertake a joint inquiry in order to fill the gaps in the law.

He added: “That is one possibility. No doubt there are others. But it seems to me that something really needs to be done.”

In his judgment he noted the absence of legislative provisions to enforce orders made by Cumbria County Council and Blackpool Borough Council in Scotland.

Scottish QCs said orders of an English court made under section 25 of theChildren Act 1989 were “not capable” of recognition under Scots law.

They added: “There is no mechanism in Scottish law for the recognition and enforcement of interim care orders.”

Sir James suggested parties avail themselves of the Court of Session’snobile officium because this was the “only way” to deal with the issue.