The issues in the appeal are (1) whether the Court of Appeal erred in law in assessing the lawfulness of the policy guidance by reference to whether it (a) created a real risk of more than a minimal number of children being detained, and/or (b) created a risk which could be avoided if the terms of the policy were better formulated; and (2) whether the Court of Appeal erred in concluding that criterion C, as construed in the context of the relevant policy as a whole, is unlawful.
