Case Law Update 3 – Re D (HC) – Deprivation of liberty and parental consent for children

Written by Steve BroachDate 25 Jun 2015

This is part of our case law series reviewing judgements relating to the implementation of the Children and Families Act 2014.

Each review looks at a specific case and explains the potential implications for parents, local authorities and sector practitioners. The reviews have been produced for us by Barrister Steve Broach.

The recent judgment of the Supreme Court in the Cheshire West (See Case Law Review #1) has clarified that many more disabled people than previously thought are being deprived of their liberty in health and social care placements – or indeed potentially in their own homes where there is state care provided.

This review looks at a case that involves the court working out the link between parental rights and responsibilities and the state’s responsibilities for avoiding or approving deprivations of liberty under Article 5 of the European Convention on Human Rights.