J: Local Authority consent to Deprivation of Liberty, Re
[2024] EWHC 1690 (Fam)
JR (Deprivation of Liberty; Principles of Care), Re
12 March 2024
[2024] EWHC 564 (Fam)
High Court
A 16-year-old boy with serious behavioral problems needed help. His parents and the local authority disagreed on the best way to provide it. A judge decided that a court order was needed to make sure he got the right care and support, even though his parents didn't want it.
Key Facts
- •JR is a 16-year-old boy with complex needs, including Autism Spectrum Disorder, ADHD, and likely Non-Verbal Learning Disability (NVLD).
- •He has a history of aggressive and sexually inappropriate behaviours, absconding, and involvement in racially aggravated incidents.
- •JR has been in multiple unsuitable placements, with significant periods of disruption in his care.
- •A Deprivation of Liberty Order (DoLs) was made, but providers struggled to implement the restrictions effectively.
- •The local authority (LA) initially sought to withdraw its application for a Care Order, but the Guardian opposed this.
- •A psychological assessment highlighted JR's needs for therapeutic intervention, consistent support, and formal education.
Legal Principles
No Order principle
s.1(5) Children Act 1989
Care Orders should not be used to impose duties on a local authority or encourage them to perform duties they already have to a child in need.
Re JW (Child At Home Under Care Order) [2023] EWCA Civ 944
Welfare checklist in s.1 Children Act 1989
s.1 Children Act 1989
Principles of Care for children with complex needs and circumstances (Nuffield Family Justice Observatory Report 2023)
NFJO Report 2023
Outcomes
Care Order made
To provide certainty in decision-making about JR's care, address potential disagreements between parents and LA, ensure greater oversight of JR's needs, and facilitate consistent support in the context of his complex needs and impending 17th birthday.
DoLs order continued
All parties agreed that a DoLs order was necessary.