The Local Authority v A
[2024] EWHC 2476 (Fam)
EBY (A Child) (Deprivation of Liberty Order: Jurisdiction) (17-year-old), Re
9 October 2023
[2023] EWHC 2494 (Fam)
High Court
A girl is in danger from a gang. A court said it's okay for the government to keep her safe in a special place for a short time, but they need to make sure she's getting a good education and support while she is there.
Key Facts
- •17-year-old EBY, a Gillick competent child, is at high risk of serious harm from involvement with a criminal gang.
- •EBY has suffered multiple assaults, including rape, and has been reluctant to cooperate with police investigations.
- •EBY's parents support the Local Authority's application for a Deprivation of Liberty Order (DOLO).
- •EBY and her Guardian oppose the DOLO.
- •EBY is accommodated under s 20(3) of the Children Act 1989 with parental consent.
- •The accommodation is unregistered as a children's home, but an application for registration is pending.
Legal Principles
Inherent jurisdiction of the High Court to protect children.
Re. T (A Child) (SC(E)) [2022] AC 723
Article 5 ECHR: deprivation of liberty must be for a lawful purpose and proportionate.
Re. T
Children Act 1989, s 100(2): inherent jurisdiction is restricted.
Re. T; Re. LS
Parental consent cannot authorize deprivation of liberty for a 16 or 17-year-old.
Re. D
Positive duty of the state to protect children from life-threatening harm (Articles 2 and 3 ECHR).
Re. T
Care Standards Act 2000, s 11: criminal offence to manage an unregistered children's home.
Re. T
Outcomes
Interim DOLO granted until shortly after 27 October 2023.
Necessary and proportionate to protect EBY from serious harm, pending further evidence and updated care plan.