Spivak v Ukraine [2025] ECHR 136 is a very helpful and important reminder of the increasing focus that Strasbourg is… Read more
Tag: deprivation of liberty
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
“On a DoLS” – mythbusting by a (rightly) exasperated Court of Protection
In Re EM (Deprivation of Liberty, Care Planning & Costs) [2024] EWCOP 76 (T2), HHJ Burrows helpfully busted some disturbingly… 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
The MHA, ‘detainability,’ and judicial scrutiny (and the real underlying problems of children with complex needs)
At the heart of the decision in Re SB [2024] EWHC 2964 (Fam) is the ongoing crisis in supporting children… Read more
The Ombudsman, DoLS and triaging – asking the impossible?
Old-fashioned novels sometimes have elaborate subtitles. I might slightly impertinently suggest that if such a novel was being written about… Read more