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ECHR ARTICLE 5

May 6th, 2025 by James Goudie KC

In J V NE SOMERSET COUNCIL (2025) EWCA CIV 478 the appeal was concerned with whether a profoundly disabled 14-year-child was deprived of his liberty. The Court of Appeal held that his care arrangements did amount to a deprivation of his liberty. For that there had to be a Court Order under Article 5 . The consent of the local authority to his confinement was not sufficient.

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