In re AB (A Child : Deprivation of Liberty): FD 28 Jul 2015

The court was asked who, as between the parents and the local authority, could consent to an order depriving a child in residential care, of his liberty.
Held: A local authority with parental responsibility by virtue of a care order or interim care order, or with any other statutory responsibilities for a child, cannot supply a valid consent to the confinement of a child


Keehan J


[2015] EWHC 3125 (Fam), [2015] WLR(D) 432, [2016] 1 WLR 1160, [2016] 2 FLR 601, [2015] Fam Law 1464


Bailii, WLRD


Human Rights Act 1998 6, Children Act 1989 20 25 33(3) 100(4)


England and Wales

Cited by:

CitedIn re D (A Child) SC 26-Sep-2019
D, a young adult had a mild learning disability and other more serious conditions. He was taken into a hospital providing mental health services. The external door was locked, and a declaration was sought to permit this deprivation of his liberty, . .
Lists of cited by and citing cases may be incomplete.

Children, Human Rights

Updated: 18 April 2022; Ref: scu.554070