deprivation of liberty safeguards – Current Awareness

Judge hands down ruling on children under 16, deprivations of liberty and inherent jurisdiction after amendment of statutory scheme for placements – Local Government Lawyer

Posted September 14th, 2021 in children, deprivation of liberty safeguards, jurisdiction, local government, news by tracey

‘It remains open to the High Court to authorise, under its inherent jurisdiction, the deprivation of liberty of a child under the age of 16 where the placement in which the restrictions that are the subject of that authorisation will be applied is prohibited by the terms of the amended statutory scheme introduced by the Care Planning, Placement and Case Review (England) (Amendment) Regulations 2021, a High Court judge has ruled.’

Local Government Lawyer, 13th September 2021

Source: www.localgovernmentlawyer.co.uk

Judge raps NHS England and mental health trusts over failure to provide medium secure bed for 15-year-old girl – Local Government Lawyer

Posted August 5th, 2021 in children, deprivation of liberty safeguards, hospitals, mental health, news by sally

‘A Family Division judge has strongly criticised NHS England and two NHS mental health trusts over the failure to accommodate a 15-year-old girl “M” with complex needs through a medium secure tier 4 bed.’

Local Government Lawyer, 4th August 2021

Source: www.localgovernmentlawyer.co.uk

Inherent jurisdiction can be used for deprivation of liberty of children amid “scandalous” shortage of approved secure accommodation: Supreme Court – Local Government Lawyer

Posted August 3rd, 2021 in children, consent, deprivation of liberty safeguards, human rights, jurisdiction, local government, news, Supreme Court by sally

‘The inherent jurisdiction of the High Court can be used to authorise the deprivation of liberty of children in alternative restrictive placements by a local authority in cases where an approved secure children’s home is unavailable, the Supreme Court has held.’

Local Government Lawyer, 30th July 2021

Source: www.localgovernmentlawyer.co.uk

New Judgment: In the matter of T (A Child) [2021] UKSC 35 – UKSC Blog

Posted August 3rd, 2021 in children, consent, deprivation of liberty safeguards, human rights, jurisdiction, local government, news, Supreme Court by sally

The Supreme Court has unanimously dismissed this appeal concerning two main issues: (i) First, is it a permissible exercise of the High Court’s inherent jurisdiction to make an order authorising a local authority to deprive a child of his or her liberty in this category of case? (ii) Secondly, if contrary to T’s argument the High Court can have recourse to its inherent jurisdiction to make an order of the type in question, what is the relevance of the child’s consent to the proposed living arrangements?

UKSC Blog, 30th July 2021

Source: ukscblog.com

Court of Protection judge considers how supervisory bodies should evidence their scrutiny of requests for authorisation of deprivation of liberty – Local Government Lawyer

Posted June 10th, 2021 in care homes, Court of Protection, deprivation of liberty safeguards, elderly, news by sally

‘An error in someone’s name on a form did not invalidate a standard authorisation, the Court of Protection has decided.’

Local Government Lawyer, 10th June 2021

Source: www.localgovernmentlawyer.co.uk

Deprivation of liberty and writs of habeas corpus – Local Government Lawyer

Posted April 1st, 2021 in autism, Court of Protection, deprivation of liberty safeguards, habeas corpus, jurisdiction, local government, news, school children by tracey

‘The Court of Protection has found that if a local authority does not apply for an order under the inherent jurisdiction, a parent can challenge the deprivation of liberty of their child in a specialist school by bringing a writ of habeas corpus. Joshua Swirsky analyses the ruling.’

Local Government Lawyer, 1st April 2021

Source: www.localgovernmentlawyer.co.uk

Damages of £143,000 for unlawful deprivation of liberty of incapacitous care home resident upheld – Garden Court Chambers

Posted March 11th, 2021 in care homes, chambers articles, Court of Protection, damages, deprivation of liberty safeguards, local government, news by sally

‘The comparators for damages for unlawful deprivation of liberty of persons lacking mental capacity are few. In Essex County Council v RF & others [2015] EWCOP 1, DJ Mort made a distinction between procedural and substantive breaches and where he found the local authority ‘totally inadequate and their failings significant’, assessed monthly damages between £3000 – £4000 over a period of at least 13 months. In the case of Emile, DJ Beckley awarded damages against the London Borough of Haringey for a period of almost 8 years’ unlawful deprivation of liberty in the sum of £143,000.00. The local authority was granted permission, out of time, to appeal. The decision of HHJ Saggerson was handed down on 18 December 2020.’

Garden Court Chambers, 26th February 2021

Source: www.gardencourtchambers.co.uk

Court of Protection Newsletter – Spire Barristers

Posted February 11th, 2021 in autism, chambers articles, Court of Protection, deprivation of liberty safeguards, disabled persons, elderly, hospitals, learning difficulties, news by sally

‘Welcome to the latest issue of Spire Barristers’ Public Law Newsletter covering news from around the web, practice updates and case reviews in Court of Protection and Public Law matters.’

Spire Barristers, 10th February 2021

Source: spirebarristers.co.uk

Judge issues second ruling sharply criticising lack of suitable regulated placement for vulnerable 16-year-old woman with complex needs – Local Government Lawyer

Posted November 24th, 2020 in deprivation of liberty safeguards, detention, hospital orders, news, self-harm, young persons by sally

‘A High Court judge has sent a second judgment in less than a month – this time “more in exasperated hope than expectation” – to the Children’s Commissioner for England, the Secretary of State for Education, the Minister for Children and others over the lack of regulated accommodation for vulnerable children.’

Local Government Lawyer, 24th November 2020

Source: www.localgovernmentlawyer.co.uk

Family Law Newsletter – Spire Barristers

Posted November 10th, 2020 in care orders, child abduction, children, deprivation of liberty safeguards, domicile, news by sally

‘Issue #40 of Spire Barristers’ Family Law Newsletter: edited by Connie Purdy and Taz Irshad; news and Case Reviews by Francesca Massarella.’

Spire Barristers, 21st October 2020

Source: spirebarristers.co.uk

Rise in care children being ‘deprived of liberty’ – BBC News

Posted August 6th, 2020 in care orders, children, deprivation of liberty safeguards, news, young persons by sally

‘The number of children in care in England and Wales who have restrictions placed on their freedom has tripled in the last two years, BBC News has found.’

BBC News, 6th August 2020

Source: www.bbc.co.uk

Judicial Authorisation of Deprivation of Liberty – 39 Essex Chambers

Posted July 28th, 2020 in Court of Protection, deprivation of liberty safeguards, mental health, news, young persons by sally

‘With the delay to the introduction of the Liberty Protection Safeguards until April 2022, and unless the Mental Health Act 1983 is applicable, there is no administrative mechanism available to authorise the deprivation of liberty for a person with impaired decision-making capacity who is either (1) outside a hospital or care home; or (2) is in a hospital or care home or is aged 16 or 17. This means that, unless a court authorises the position, those people caring for the person have no legal “cover” for their actions, and (where relevant) the public body commissioning care or aware of the person’s circumstances will also be acting unlawfully.’

39 Essex Chambers, July 2020

Source: 1f2ca7mxjow42e65q49871m1-wpengine.netdna-ssl.com

Safeguards over deprivations of liberty are “indispensable” to frail and vulnerable, says senior judge, amid “striking and troubling” drop in number of s.21A applications – Local Government Lawyer

Posted May 19th, 2020 in coronavirus, Court of Protection, deprivation of liberty safeguards, news, remote hearings by sally

‘The view that careful adherence to proper legal process and appropriate authorisation of deprivations of liberty may now, at times, be required to give way to other pressing welfare priorities is “entirely misconceived”, the Vice President of the Court of Protection has warned.’

Local Government Lawyer, 15th May 2020

Source: www.localgovernmentlawyer.co.uk

Family Team Under 10’s Newsletter – Winter 2020 Edition – Parklane Plowden

Posted January 9th, 2020 in child abuse, children, codes of practice, deprivation of liberty safeguards, detention, family courts, financial provision, guardianship, mental health, news, placement orders, Supreme Court by sally

‘In the Winter edition of our Family Under 10’s Newsletter, Simon Wilkinson provides a case update with regards to the Matter of D, Giorgia Sessi studies the guidance published by the Courts and Tribunals Judiciary, whilst Charlotte Wilce lays out a case study regarding the role of CAFCASS in relation to non-subject children.’

Parklane Plowden, 7th January 2020

Source: www.parklaneplowden.co.uk

Court of Appeal gives guidance on Secure Accommodation Orders – Transparency Project

Posted December 2nd, 2019 in children, deprivation of liberty safeguards, news, placement orders, self-harm by sally

‘The local authority was applying for a secure accommodation order in respect of B (aged 15). B and her parents opposed this, mainly because the proposed placement was some distance away.’

Transparency Project, 29th November 2019

Source: www.transparencyproject.org.uk

Mental Capacity Guidance Note: Deprivation of Liberty in the Hospital Setting – 39 Essex Chambers

Posted November 20th, 2019 in Court of Protection, deprivation of liberty safeguards, hospitals, human rights, mental health, news by sally

‘The law governing the deprivation of a person’s liberty in a hospital can be complex. In every case it involves (or should involve) consideration of the question of what amounts to a deprivation of liberty for the purposes of domestic legislation and Article 5 of the European Convention of Human Rights (‘ECHR’). In very many cases, it involves the interface of two statutory regimes (the Mental Health Act 1983 (‘MHA 1983’) and the Mental Capacity Act 2005 (‘MCA 2005’)).’

39 Essex Chambers, 11th November 2019

Source: www.39essex.com

Judge criticises council for breaching duty of disclosure when making streamlined application for authorisation of deprivation of liberty – Local Government Lawyer

Posted October 31st, 2019 in Court of Protection, deprivation of liberty safeguards, disclosure, local government, news by sally

‘A council has been criticised by a Court of Protection judge for breaching the duty of full and frank disclosure when it made an application under the streamlined procedure for authorisation of a deprivation of liberty.’

Local Government Lawyer, 30th October 2019

Source: www.localgovernmentlawyer.co.uk

Public law children cases: improving parental situations, robust case management and judicial pressure – Local Government Lawyer

Posted October 22nd, 2019 in autism, care orders, children, consent, deprivation of liberty safeguards, domestic violence, news, parental responsibility, placement orders, Supreme Court by tracey

‘Georgina Dalton rounds up the latest children law cases, including rulings on improvements to parents’ situations, unfair judicial pressure, and deprivations of liberty of 16-17 year olds.’

Local Government Lawyer, 18th October 2019

Source: www.localgovernmentlawyer.co.uk

Supreme Court considers parental responsibility and deprivation of liberty – Family Law Week

Posted September 30th, 2019 in children, consent, deprivation of liberty safeguards, disabled persons, human rights, local government, mental health, news, parental responsibility, Supreme Court by michael

‘The Supreme Court, by a majority of three to two, has held, in D (A Child) [2019] UKSC 42, a case concerning a young person lacking mental capacity, that there is no scope for the operation of parental responsibility to authorise what would otherwise be a violation of a fundamental human right of a child, that is his liberty.’

Family Law Week, 26th September 2019

Source: www.familylawweek.co.uk

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