Case Law Update 42 - Re D (SC) - Deprivation of liberty and parental consent for 16-17 year olds

In this update the Supreme Court decided that consent to care arrangements by parents of a 16 or 17 year old cannot avoid a deprivation of liberty, if the other criteria under Article 5 of the European Convention on Human Rights are met. As such any deprivation of liberty for a 16 or 17 year old has to be authorised by the Court of Protection or under the inherent jurisdiction of the High Court.