Troubled autistic boy can be left in care home court rules

December 22, 2017 0 comments

deprivation of liberty

Restrictions placed on an 11 year-old living in a residential care home are lawful, a family court has declared. The boy was placed in a special residential home earlier this year after social workers became concerned that his mother was neglecting him and could not cope with his disabilities. ‘B’ has a form of autism,…

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‘Teenager is danger to himself’ says Judge

September 4, 2017 1 comment

deprivation of liberty

A 14 year-old boy must be confined with secure accommodation for his own good, the High court has ruled. The boy in question, ‘F’, has been in care since June this year, in the London Borough of Southwark. He had been the subject of investigations by social workers and was assessed by an experienced child…

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Continuing rise in deprivation of liberty cases

April 5, 2017 0 comments

Court of Protection

The number of deprivation of liberty cases referred to the Court of Protection jumped by more than 100 per cent last year, the Ministry of Justice has reported. Under the Mental Capacity Act, living and care arrangements for some vulnerable and disabled people require court authorisation if they involve restriction on their freedom of movement…

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Troubled teen ‘can consent to confinement’

March 17, 2017 0 comments

family law

A troubled 15 year-old boy has the capacity to consent to his detention the High Court has concluded. In Re C (A Child), the boy, ‘C’, was originally made the subject of a care order back in 2002. He was the youngest of five chldren and all four of his siblings were subsequently adopted. He…

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High Court says no to disabled man’s damages claim

February 8, 2017 0 comments

deprivation of liberty

A man with learning difficulties has failed in his bid to sue a council for damages. Via intermediaries, the 29 year-old claimed Tameside Metropolitan Borough Council had unlawfully restricted his freedom of movement for two and half years – treatment legally known as a ‘deprivation of liberty’ – and he wanted to sue them under…

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Medical treatment ‘not a deprivation of liberty’ Court rules

February 1, 2017 0 comments

human rights

Life-saving medical treatment cannot constitute a ‘deprivation of liberty’ the Court of Appeal has declared. The case concerned the death of a woman who had suffered from Down’s Syndrome and “severe” learning difficulties. She passed away in 2013 while in the intensive care department of Kings College Hospital, London. The disabled woman had been admitted…

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Man with learning difficulties ‘must remain in home’

January 13, 2017 0 comments

family law

A man confined to a supervised residential home because he poses a danger to children should remain there, the Court of Protection has concluded. The case concerned ‘N’, a man in his 40s with a learning difficulties sever enough to prevent him from leading an independent life. He also had a “paedophilic disorder” and tendency…

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Deprivation of liberty cases jump by a third

April 12, 2016 0 comments

children's homes

The number of deprivation of liberty cases heard by the Court of Protection jumped almost three times last year, the Ministry of Justice has revealed. The Court heard 1,499 cases over the 12 months, compared to only 525 during 2014. The majority were applications to authorise deprivations of liberty in shared accommodation (68 per cent),…

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The vulnerable ‘must’ be represented in court

March 11, 2016 1 comment

Child maintenance

The government must ensure vulnerable people receive proper legal representation when authorities try to restrict their liberty, a judge has ruled. In a brand new ruling at the Court of Protection, by Mr Justice Charles, singled out five ‘deprivation of liberty’ cases, in order to explore their legal ramifications. Each featured individuals who lacked ‘capacity’…

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Ruling on parental consent alarms social workers

February 8, 2016 0 comments

deprivation of liberty

A judge’s ruling on parental consent could mean a sharp in increase in court applications, social workers fear. In Birmingham City Council and D, Mr Justice Keehan concluded that the consent of the parents of a seriously disabled teenage boy could not justify restrictions on his freedom of movement. The case concerned ‘D’, a 16…

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