July 8th, 2024 by James Goudie KC

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.

Comments are closed.