D (A Child ; deprivation of liberty), Re

D (A Child ; deprivation of liberty), Re

On the facts of this case, the consent of D's parents to his placement at Hospital B, with all restrictions, falls within the zone of parental responsibility. Therefore, what would otherwise be a deprivation of liberty is rendered lawful by parental consent, and court authorisation is not required.

Parties
Applicant: Trust A; First Respondent: X (By the Child’s Guardian); Second Respondent: A Local Authority; Third Respondent: Y; Fourth Respondent: Z
Jurisdiction
England and Wales
Judgment Date
31 March 2015
Procedural Posture
Inherent Jurisdiction Application (family Division) / Judgment After Contested Hearing
Outcome
Application dismissed; parental consent is sufficient to render the deprivation of liberty lawful in this case.
Legal Topics
Deprivation of Liberty, Parental Responsibility, Article 5 ECHR, Children's Rights, Inherent Jurisdiction, Consent to Medical Treatment
Family Law Mental Health Law Human Rights Deprivation of Liberty Parental Responsibility Article 5 ECHR Children's Rights Inherent Jurisdiction +1 more

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Parties

Trust A

Applicant

X (By the Child’s Guardian)

First Respondent

A Local Authority

Second Respondent

Y

Third Respondent

Z

Fourth Respondent

Procedural Posture

Inherent Jurisdiction Application (family Division) / Judgment After Contested Hearing

Legal Issues

  1. 1 Whether the placement of D at Hospital B amounts to a deprivation of liberty under Article 5 ECHR
  2. 2 Whether parental consent can render lawful what would otherwise be a deprivation of liberty for a 15-year-old child
  3. 3 Whether the court should authorise the deprivation of liberty under its inherent jurisdiction

Ratio Decidendi

On the facts of this case, the consent of D's parents to his placement at Hospital B, with all restrictions, falls within the zone of parental responsibility. Therefore, what would otherwise be a deprivation of liberty is rendered lawful by parental consent, and court authorisation is not required.

Court Disposition

Application dismissed; parental consent is sufficient to render the deprivation of liberty lawful in this case.