Deprivation of liberty – some fog clears about children’s homes

In a judgment that assists in resolving one issue that has been exercising practitioners (of all hues) since the judgment in Cheshire West Holman J has confirmed that the Court of Protection has the power to make an order which authorises that a person who is not a child (ie who has attained the age of 18) may be deprived of his liberty in premises which are a children’s home as defined in s 1(2) of the Care Standards Act 2000 and are subject to the Children’s Homes Regulations 2001 (as amended).

The facts of the case are irrelevant to the point in issue save that the individual in question SG was aged 19 and whilst arrangements were made to move her into supported living continued to be resident in the same children’s home as she was in prior to the age of 18 subject to a regime that indisputably amounted to a deprivation of her liberty. She lacked capacity to decide as to her residence...