‘Whilst the Supreme Court considers the Attorney General for Northern Ireland’s reference, I am being cautious about commenting about cases concerning deprivation of liberty, given my role in the case. However, I think that I can properly say that the decision of Henke J in East Riding of Yorkshire Council v The Mother & Ors [2026] EWCOP 11 (T3) is another in a line of first instance decisions which reinforce how badly the question of the scope of parental responsibility relating to confinement for those under 16 requires consideration by the appellate courts. The case was a little different to some of those which I have commented on previously, in that there was active argument as to the scope of the ability of the parents in question to consent to the confinement of their child (but I do not understand that there is likely to be any appeal).’
Mental Capacity Law and Policy, 16th February 2026
