Nottinghamshire County Council v LH (No 1) [2021] EWHC 2584 (Fam)
Refusal to authorise DOL under inherent jurisdiction The local authority asked the court to authorise LH's deprivation of liberty in an acute adolescent psychiatric unit because there was nowhere else available in the country. She had autistic spectrum disorder, ADHD, and other difficulties but, despite being detained on the ward, was not detained under the MHA as hospital treatment was not considered appropriate. The clinicians did not want her to remain there: her presence was endangering not only herself (e.g. she had started to attempt ligature strangulation) but also the other children and staff. The judge concluded that "authorisation of the deprivation of LT’s liberty in a psychiatric unit which is harmful to her and contrary to her best interests would only serve to protect the local authority from acting unlawfully: it would not protect this highly vulnerable child".
Full judgment: BAILII
Subject(s):
- Deprivation of liberty - children🔍 See also: Category:Deprivation of liberty
- Inherent jurisdiction cases🔍 Older inherent jurisdiction cases can still be found in Category:Other capacity cases
Date: 23/9/21🔍
Court: High Court (Family Division)🔍
Judicial history:
Judge(s):
- Poole🔍
Parties:
Citation number(s):
What links here:Published: 5/10/21 10:22
Cached: 2024-04-25 20:32:41
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