Re Troy (A Child) [2022] EWHC 3426 (Fam)

DOL of child in general ward A child had been detained in an acute children's ward at a general hospital after discharge from s2. This deprived the NHS of beds for children needing physical medical care and involved a risk of infection. The judge described the situation as "shocking" but noted that a hospital is at least subject to regulation by the CQC and it is not a criminal offence to place a child in a hospital (contrasted with an unregistered children's home). He concluded: "Given there has been no alternative place for Troy to live and that restrictions amounting to the deprivation of liberty have been needed to keep Troy safe whilst living at the hospital, I must give that permission. The court is unable to find alternative placements and so, if the deprivation of a child's liberty is authorised, judges are limited to trying to ensure that the child is kept safe and is well cared for, and to hope and encourage others to act to find suitable accommodation and care arrangements."


Full judgment: BAILII


Date: 13/12/22🔍

Court: High Court (Family Division)🔍



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Published: 16/3/23 21:06

Cached: 2024-07-19 21:43:13