A Local Authority v A (A Child)& Anor [2010] EWCOP 978 (04 May 2010)

A Local Authority v A (A Child)& Anor [2010] EWCOP 978 (04 May 2010)

The domestic care arrangements for A and C, involving locking them in their bedrooms at night for safety, do not amount to a deprivation of liberty engaging Article 5 ECHR. The objective and subjective elements are not satisfied in the family context, and the State is not responsible as the local authority does not exercise control or compulsion over the arrangements. The care is provided by parents acting in the best interests of their children, with local authority support but not direction or enforcement. There is no basis for further court involvement or compulsory intervention.

Citation
[2010] EWCOP 978
Parties
Child Applicant: A; Mother of a: B; Adult Applicant Lacking Capacity: C; Mother of C: D; Father of C: E; Respondent: Local Authority; Intervener: Equality and Human Rights Commission; Litigation Friend for C: Official Solicitor; Guardian Ad Litem for a: Judith Bennett-Hernandez (Cafcass)
Jurisdiction
England and Wales
Judgment Date
04 May 2010
Procedural Posture
Linked Declaratory Relief and Welfare Proceedings / Judgment on Preliminary Issue of Deprivation of Liberty Under Article 5 ECHR
Outcome
No deprivation of liberty; proceedings concluded; no further court involvement required.
Legal Topics
Deprivation of Liberty, Article 5 ECHR, Children Act 1989, Mental Capacity Act 2005, State Responsibility, Parental Responsibility, Safeguarding, Care Plans
Family Law Mental Capacity Law Human Rights Law Public Law Deprivation of Liberty Article 5 ECHR Children Act 1989 Mental Capacity Act 2005 +4 more

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Parties

A

Child Applicant

B

Mother of a

C

Adult Applicant Lacking Capacity

D

Mother of C

E

Father of C

Local Authority

Respondent

Equality and Human Rights Commission

Intervener

Official Solicitor

Litigation Friend for C

Judith Bennett-Hernandez (Cafcass)

Guardian Ad Litem for a

Procedural Posture

Linked Declaratory Relief and Welfare Proceedings / Judgment on Preliminary Issue of Deprivation of Liberty Under Article 5 ECHR

Legal Issues

  1. 1 Whether the domestic care arrangements for A (a child) and C (an incapacitated adult) in the family home amount to a deprivation of liberty engaging Article 5 ECHR
  2. 2 Whether such deprivation (if any) is imputable to the State due to local authority involvement
  3. 3 What role, if any, the local authority has in such cases

Ratio Decidendi

The domestic care arrangements for A and C, involving locking them in their bedrooms at night for safety, do not amount to a deprivation of liberty engaging Article 5 ECHR. The objective and subjective elements are not satisfied in the family context, and the State is not responsible as the local authority does not exercise control or compulsion over the arrangements. The care is provided by parents acting in the best interests of their children, with local authority support but not direction or enforcement. There is no basis for further court involvement or compulsory intervention.

Court Disposition

No deprivation of liberty; proceedings concluded; no further court involvement required.

Orders

  • Declaration that the arrangements for A and C do not amount to a deprivation of liberty engaging Article 5 ECHR.
  • No further orders; proceedings concluded.