J: Local Authority consent to Deprivation of Liberty, Re
[2024] EWHC 1690 (Fam)
U (A Child: Deprivation of Liberty), Re
2 February 2024
[2024] EWHC 228 (Fam)
High Court
A court allowed the care home to keep a 7-year-old child with special needs, even though this limits his freedom. The court decided this was necessary to protect him from hurting himself or others because there aren't better options available right now. They'll check back later and will get an expert opinion.
Key Facts
- •7-year-old child, U, with autism and ADHD, subject to interim care order.
- •U has been physically restrained multiple times by staff at his children's home.
- •Local Authority applied for a Deprivation of Liberty Order (DLO).
- •Children's Guardian supports the application, albeit reluctantly.
- •U's parents oppose the application.
- •The children's home is registered but not approved as secure accommodation.
- •Concerns raised about the lack of information regarding U's education and conflicting information from the children's home.
Legal Principles
Deprivation of Liberty Order (DLO) under inherent jurisdiction of High Court; s9(1) jurisdiction.
Inherent Jurisdiction of the High Court
The 'acid test' for deprivation of liberty (Cheshire West): (a) inability to consent; (b) continuous supervision and control; (c) inability to leave.
Cheshire West and Chester Council v P [2014] UKSC 19
Article 5(1) ECHR: right to liberty and security of person; deprivation only in circumstances described by Article 5 and in accordance with a procedure prescribed by law.
Article 5(1) European Convention on Human Rights
Article 8 ECHR: right to respect for private and family life, including psychological integrity.
Article 8 European Convention on Human Rights
Three-part Storck test for deprivation of liberty: (a) objective confinement; (b) lack of valid consent; (c) state responsibility.
Storck v Germany [2005] 43 EHRR 6
DLO does not authorise placement but authorises deprivation of liberty; imperative necessity required.
Inherent Jurisdiction
Child's welfare is paramount consideration in best interests assessment.
Child Welfare
Outcomes
DLO granted, authorising deprivation of U's liberty in his current children's home until 14 March 2024.
The court found that the arrangements constituted a deprivation of liberty, meeting the 'acid test' and the Storck criteria. It determined that the deprivation was in U's best interests due to imperative necessity to prevent harm to himself and others, and was the least restrictive option available.
Permission granted to obtain expert psychological evidence.
To assess the impact of restraint on U and explore alternative behaviour management strategies.