ECHR ARTICLE 5

May 29th, 2025 by James Goudie KC

ECHR Article 5 confers the right to liberty. This applies save in specified cases and in accordance with a procedure prescribed by law. One of these cases, at Article 5 (1)(d), is the detention of a minor for the of purpose of EDUCATIONAL SUPERVISION. In A LOCAL AUTHORITY V LB (2025) EWHC 1264 (Fam) the Court considers what evidence is required in order for Article 5(1)(d) to be engaged and deprivation of the minor’s liberty to be justified. The Court also considered SECURE ACCOMMODATION under Section 25 of Children Act 1989, the High Court’s inherent jurisdiction to make DEPRIVATION OF LIBERTY SAFEGUARDS ORDERS, and the relationship between them.

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