‘All persons are guaranteed the right to liberty and security of the person, as enshrined in Article 5 of the European Convention of Human Rights. As such, when an issue arises with regard to a potential deprivation of liberty of a child (or indeed of any person), appropriate procedural safeguards must be in place to ensure the child’s Article 5 as well as their Article 8 rights to private and family life are sufficiently protected. For some time, the courts have undertaken this process through the use of the inherent jurisdiction of the High Court to authorise and review any such deprivation of liberty in a way that renders the process compliant with Article 5.’
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Family Law Week, 12th March 2020
Source: www.familylawweek.co.uk