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."

CASES DATABASE

Full judgment: BAILII

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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