Re RN (Deprivation of Liberty and Parental Consent) [2022] EWHC 2576 (Fam)

DOL of under 16s The local authority sought declarations under the inherent jurisdiction authorising the deprivation of liberty of a 12-year-old girl in her father's home. The Supreme Court in Re D (A Child) [2019] UKSC 42 had decided that parental consent cannot authorise DOL of 16-17 year olds. The High Court in this case concluded: "It follows from all that I have said that the restrictive care arrangements in place for RN are a proper and lawful exercise of parental responsibility. This amounts to a valid consent, with the consequence that the second limb of the established three stage test for what amounts to a deprivation of liberty is not met. In such circumstances, this Court need not make any High Court declaration authorising them. They are rendered lawful by the parental consent."


Full judgment: BAILII


Date: 29/9/22🔍

Court: High Court (Family Division)🔍



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Published: 27/2/23 21:41

Cached: 2024-07-16 02:02:57