A Local Authority v EL & Ors

A Local Authority v EL & Ors

The court may authorise deprivation of liberty for a 17-year-old child in need, not subject to a care order, under its inherent jurisdiction where parental consent is ineffective, statutory schemes are unavailable, and the restrictions are necessary for the child's safety and welfare, without infringing section 100...

Source-derived case information.

Parties
Applicant: The Local Authority; First Respondent: EL; Second Respondent: ML; Third Respondent: JL
Jurisdiction
England and Wales
Judgment Date
10 November 2022
Procedural Posture
Family / Judgment on Application for Deprivation of Liberty
Outcome
Application granted
Legal Topics
Deprivation of Liberty, Inherent Jurisdiction, Children Act 1989, Mental Capacity, Parental Responsibility
Family Law Human Rights Law Child Law Deprivation of Liberty Inherent Jurisdiction Children Act 1989 Mental Capacity Parental Responsibility

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Parties

The Local Authority

Applicant

EL

First Respondent

ML

Second Respondent

JL

Third Respondent

Procedural Posture

Family / Judgment on Application for Deprivation of Liberty

Legal Issues

  1. 1 Whether the court can authorise deprivation of liberty for a 17-year-old child in need not subject to a care order
  2. 2 Whether the proposed restrictions infringe section 100 of the Children Act 1989
  3. 3 Whether parental consent is effective for deprivation of liberty

Ratio Decidendi

The court may authorise deprivation of liberty for a 17-year-old child in need, not subject to a care order, under its inherent jurisdiction where parental consent is ineffective, statutory schemes are unavailable, and the restrictions are necessary for the child's safety and welfare, without infringing section 100 of the Children Act 1989.

Court Disposition

Application granted

Orders

  • The court authorises the deprivation of liberty for JL as proposed by the local authority until JL reaches the age of 18 years on 23 January 2023.
  • No further review hearing is scheduled.