A parent cannot consent to the deprivation of liberty of their 16 or 17 year old child

In Birmingham City Council v D [2016] EWCOP 8, the sequel to a case discussed here, Keehan J has held:

“however close the parents are to their child and however cooperative they are with treating clinicians, the parent of a 16 or 17 year old young person may not consent to their confinement which, absent a valid consent, would amount to a deprivation of that young person’s liberty” (paragraph 105).

The implications of the judgment are significant but as I am instructed in the case I cannot comment further – my fellow editors will summarise the decision and comment upon it in the next Newsletter due out on around 9 February.

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