Re RD (Deprivation or Restriction of Liberty) [2018] EWFC 47

"The court is concerned in this application with the circumstances of RD. She is 14½ years old. She is currently the subject of an application for a care order under Part IV Children Act 1989, and is in the interim care of Northumberland County Council. ... RD has been placed by the Local Authority at a residential placement in Scotland, which I shall call Lennox House. ... The issue for my determination is whether the regime which applies to RD at Lennox House deprives her of her liberty in such a way as to engage her Article 5 ECHR rights. ... The implications of my determination are not insignificant. If I were to find as a fact that RD is deprived of her liberty in Article 5 terms, I would feel obliged to adjourn the Part IV proceedings, and would propose that the Local Authority present a petition to the nobile officium of the Court of Session seeking authorisation of that Court for RD's deprivation of liberty ... If I find that she is not deprived of her liberty, then there would be little impediment to my concluding the Part IV proceedings in this jurisdiction."

External links

Merriam-Webster dictionary. This defines nobile officium as "the equitable discretion of the Court of Sessions to afford relief in cases where none is possible at law".

Case meta data

Full judgment: BAILII

Subject(s):

  • Deprivation of liberty🔍

Date: 28/6/18

Court: Family Court🔍

Judge(s):

Parties:

Citation number(s):

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