In J ( LOCAL AUTHORITY CONSENT TO DEPRIVATION OF LIBERTY ) ( 2024 ) EWHC 1690 ( Fam ) Lieven J hols that a local authority which held parental responsibility for a child under the age of 16, under a Care Order, pursuant to Section 20 of the Children Act 1989, could consent to the deprivation of liberty of that child, as corporate parent, pursuant to section 33 of that Act. No Deprivation of Liberty Order was required, notwithstanding that there was a deprivation of liberty within the meaning of Article 5 of the ECHR. The decision to deprive the child of his liberty was an exercise of the authority’s statutory duties to him. There was an obligation as carer to keep him safe. Far from the restrictions amounting to a serious infringement of his rights that no local authority could lawfully consent to, they were restrictions essential to securing his best interests. Indeed they were required by the positive obligations under Article 2 of the ECHR.
Subscribe
Get an email when we publish a new post on this blog. We’ll never share your email and you can unsubscribe any time. Our use of your details is explained in our privacy policy.
"*" indicates required fields
Headings
- Best Value (13)
- Capital Finance and Companies (55)
- Council Tax and Rates (75)
- Decision making and Contracts (266)
- Elections and Bylaws (33)
- Environment, Highways and Leisure (119)
- General (17)
- Housing (151)
- Human Rights and Public Sector Equality Duty (104)
- Judicial Control, Liability and Litigation (221)
- Land, Goods and Services (73)
- Local Authority Powers (74)
- Non Judicial Control (21)
- Planning and Environmental (156)
- Social Care (77)
- Standards (23)
Disclaimer
This blog is maintained for information purposes only. It is not intended to be a source of legal advice and must not be relied upon as such. Blog posts reflect the views and opinions of their individual authors, not of chambers as a whole.
Comments are closed.
11KBW, 11 King’s Bench Walk, Temple, London EC4Y 7EQ | Tel: 020 7632 8500
Privacy | Terms & Conditions | © 11KBW 2025
Privacy | Terms & Conditions | © 11KBW 2025