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."

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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".


Full judgment: BAILII


  • Deprivation of liberty🔍

Date: 28/6/18🔍

Court: Family Court🔍



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Published: 29/11/18 21:13

Cached: 2024-04-25 05:05:37