AB (A Child : deprivation of liberty), Re

AB (A Child : deprivation of liberty), Re

AB is deprived of his liberty at X children's home due to continuous supervision and control and not being free to leave. Neither the parents nor the local authority can lawfully consent to this deprivation in the context of interim care orders. The court, therefore, grants permission to invoke the inherent...

Source-derived case information.

Parties
Applicant: A Local Authority; First Respondent: D; Second Respondent: S; Respondents: Third and Fourth Respondents
Jurisdiction
England and Wales
Judgment Date
28 July 2015
Procedural Posture
Care Proceedings / Application for Deprivation of Liberty Authorisation / Judgment on Application for Permission to Invoke Inherent Jurisdiction and Authorisation of Deprivation of Liberty
Outcome
Application granted
Legal Topics
Deprivation of Liberty, Parental Responsibility, Children in Care, Inherent Jurisdiction, Article 5 ECHR, Children Act 1989
Family Law Human Rights Law Child Law Deprivation of Liberty Parental Responsibility Children in Care Inherent Jurisdiction Article 5 ECHR +1 more

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Parties

A Local Authority

Applicant

D

First Respondent

S

Second Respondent

Third and Fourth Respondents

Respondents

Procedural Posture

Care Proceedings / Application for Deprivation of Liberty Authorisation / Judgment on Application for Permission to Invoke Inherent Jurisdiction and Authorisation of Deprivation of Liberty

Legal Issues

  1. 1 Whether AB is deprived of his liberty at X children's home
  2. 2 Whether parents and/or local authority can consent to deprivation of liberty
  3. 3 Whether the court should authorise deprivation of liberty and under what jurisdiction

Ratio Decidendi

AB is deprived of his liberty at X children's home due to continuous supervision and control and not being free to leave. Neither the parents nor the local authority can lawfully consent to this deprivation in the context of interim care orders. The court, therefore, grants permission to invoke the inherent jurisdiction and authorises the deprivation of liberty for a period of three months, as this is necessary to prevent significant harm and is in AB's welfare best interests.

Court Disposition

Application granted

Orders

  • Permission granted to the local authority to invoke the inherent jurisdiction of the High Court
  • Authorisation of AB's deprivation of liberty at X children's home for three months from the date of judgment