For years, lawyers and clinicians have thrown around the term ‘Gillick competence’ as if it were a universal test to… Read more
Category: Children
The Court of Appeal explains why local authorities cannot consent to the confinement of children in their care
The Court of Appeal announced on the day of the hearing of the appeal against the decision of Lieven J… Read more
Parental consent to the confinement of younger children – again
The vexed question of whether and under what circumstances parents can consent to (or otherwise authorise) the confinement of children… Read more
Deprivation of liberty, children, care orders, and overlooked caselaw: a tangle for the Court of Appeal
West Sussex County Council v AB & Anor [2025] EWCA Civ 132, concerned a very challenging situation. It concerned a… Read more
Deprivation of liberty and profound disability – an urgent need for appellate clarification
Another in the Lieven J-inspired line of challenges to Cheshire West can be found in Re V (Profound Disabilities) [2025]… Read more
Best interests, wishes and feelings: a worked example in an imperfect world
Aberdeenshire Council v SF (No 4) (Residence) [2024] EWCOP 67 (T3) is the most recent in a long-running series of… Read more
Codes, case-law, restraint and children
An NHS Trust v Mother & Ors [2024] EWHC 2207 (Fam) is a case which throws two issues into stark… Read more