Our articles are written by experts in their field and include barristers, solicitors, judges, mediators, academics and professionals from a range of related disciplines. Family Law provides a platform for debate for all the important topics, from divorce and care proceedings to transparency and access to justice. If you would like to contribute please email emma.reitano@lexisnexis.co.uk.
Spotlight
Children and Same Sex Families
Children and Same Sex Families
Children and Same Sex Families: A Legal Handbook
More info
Mental Capacity
Mental Capacity
Mental Capacity: Law and Practice
More info
Evidence in Family Proceedings
Evidence in Family Proceedings
Evidence in Family Proceedings
More info
View All
A day in the life Of...
Read on

Guidance on Art 5 compliance when a child in local authority care is deprived of their liberty

© Copyright LexisNexis 2024. All rights reserved.
Date:13 MAR 2018
Third slide
Emma Fitzsimons
Barrister

In Re A-F (Children) (Care Orders: Restrictions on Liberty) [2018] EWHC 138 (Fam) the court gave guidance on when Art 5 of the European Convention on Human Rights (ECHR) is engaged in relation to a child in the care of the local authority, and the procedures necessary to ensure the deprivation of liberty is lawful.

The test cases concerned seven children, aged between 11 and 16. A final care order was made in each case in favour of the same local authority. Each had health difficulties such as autism, severe learning disabilities or global development delay. Each was in foster care or a residential placement. Some were in locked environments, and all were heavily supervised.

Read the full article here.

Copyright © 2024 LexisNexis