Re D (A Child) [2017] EWCA Civ 1695

DOL "This is an appeal from an order of Keehan J sitting in the Court of Protection dated 15 March 2016, following a judgment handed down on 21 January 2016: Birmingham City Council v D [2016] EWCOP 8^M, [2016] PTSR 1129. Permission to appeal was granted by McFarlane LJ on 14 June 2016. The proceedings related to D, who was born on 23 April 1999, and was therefore 16 years old when the matter was heard by Keehan J in November 2015. Similar issues in relation to D had been before Keehan J in the Family Division earlier in 2015 when D was 15 years old, judgment (which was not appealed) having been handed down on 31 March 2015: Re D (A Child) (Deprivation of Liberty) [2015] EWHC 922 (Fam)^M, [2016] 1 FLR 142^B. In each case, the essential question was whether D was being deprived of his liberty within the meaning of and for the purposes of Article 5 of the European Convention for the Protection of Human Rights and Fundamental Freedoms."

Essex

This case has been summarised on page 3 of 39 Essex Chambers, 'Mental Capacity Report' (issue 81, November 2017).

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This case's neutral citation number appears in the following newsletters:

• 39 Essex Chambers, 'Mental Capacity Report' (issue 137B, March 2024)
• 39 Essex Chambers, 'Mental Capacity Report' (issue 83, March 2018)
• 39 Essex Chambers, 'Mental Capacity Report' (issue 84, April 2018)
• 39 Essex Chambers, 'Mental Capacity Report' (issue 85, May 2018)
• 39 Essex Chambers, 'Mental Capacity Report' (issue 90, November 2018)

External links

• Supreme Court website, 'Case details: In the matter of D (A Child)' . The appeal in this case was heard on 3-4 October 2018. The judgment should appear on this Supreme Court web page.

CASES DATABASE

Full judgment: BAILII

Subject(s):

• Deprivation of liberty - children🔍 See also: Category:Deprivation of liberty

Date: 31/10/17🔍

Court: Court of Appeal (Civil Division)🔍

Judicial history:

When D turned 16:

• Re D (A Child) [2019] UKSC 42
• Re D (A Child) [2017] EWCA Civ 1695
• Birmingham City Council v D [2016] EWCOP 8

When D was 15:

• Re D (A Child: deprivation of liberty) [2015] EWHC 922 (Fam)

Judge(s):

• Munby🔍
• David Richards🔍
• Irwin🔍

Parties:

• D (A Child)🔍

Citation number(s):

• [2017] EWCA Civ 1695^B
• [2018] PTSR 1791, [2018] 2 FLR 13^B, [2018] COPLR 1, (2018) 160 BMLR 61

What links here:

• Re D (A Child: deprivation of liberty) [2015] EWHC 922 (Fam)
• Birmingham City Council v D [2016] EWCOP 8
• 39 Essex Chambers, 'Mental Capacity Report' (issue 81, November 2017)
• Re D (A Child) [2019] UKSC 42

Published: 23/10/18 18:24

Cached: 2024-04-20 02:41:34