Case Law Update 6 – Birmingham CC v D (COP) – Deprivation of liberty and parental consent for 16-17 year olds

Written by Steve BroachDate 23 Mar 2016

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.

This case law review follows directly from Case Law Review #3 on Re D (A Child; deprivation of liberty) [2015] EWHC 922 (Fam). In this second judgment in the same case, the Court of Protection has decided that parental consent cannot be used to avoid what would otherwise be a deprivation of liberty for 16 and 17 year olds. As such if a 16 or 17 year old is deprived of their liberty this must be authorised by the Court of Protection.