For years, lawyers and clinicians have thrown around the term ‘Gillick competence’ as if it were a universal test to… Read more
Tag: 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
The Court of Protection and deprivation of liberty of those under 18
The President of the Family Division has set out public-facing Practice Guidance (January 2025) for cases transitioning from the National… Read more
The Children’s Wellbeing and Schools Bill and deprivation of liberty
The Children’s Wellbeing and Schools Bill, which passed its second reading in the House of Commons on 8 January, would… 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
What’s in name? Competence and capacity (and is it enough for a child)?
In Re BC (Child in Care: Change of Forename and Surname) [2024] EWHC 1639 (Fam), Poole J approved a request… Read more
Local authorities, care orders and consent to confinement – another striking decision from Lieven J
[update – the appeal against this decision was allowed by the Court of Appeal in February 2025. Judgment is awaited,… Read more