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.
Birmingham City Council v D [2016] EWCOP 8: A Summary
© Copyright LexisNexis 2024. All rights reserved.
Deprivation of liberty - section 20 Children Act 1989 - voluntary accommodation - consent - substituted consent - parental responsibilityD aged 16 was voluntarily accommodated in a residential unit by the Local Authority under s 20 Children Act 1989. The issue for Keehan J to determine was whether D was being deprived of his liberty (as argued by the Official Solicitor) or whether his voluntary accommodation under s 20 meant that he could not be so deprived (the position of the Local Authority).
By way of background D had ADHD Asperger's Syndrome Tourette's Syndrome and had been diagnosed as suffering from a mild learning disability. D's behaviour was said to be challenging - characterised by verbal and physical aggression and urinating and defecating in inappropriate places - and this had a marked adverse effect on D's younger brother. D's prescribed medication had only limited effects. After the involvement of CAMHS in March 2012 D was informally admitted to hospital where he lived and was educated for a disciplinary assessment and treatment.D had supervised visits home at the weekend for periods...
Read the full article here.
