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

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.