Deprivation of Liberty for young persons aged 16 or 17 in any setting

R & RK v Hertfordshire  UKUT 381 

Leave a Comment / Care Planning, Budgets and Choice Rights, Charging for Equipment services, Children and Families Act 2014 services, Chronically Sick and Disabled Person's Act 1970 services for children with disabilities, Deprivation of Liberty for children under 16 in any setting, Deprivation of Liberty for young persons aged 16 or 17 in any setting, Equipment services, Regulation of settings intended for care and support of children, The legal framework for which agency is responsible for various types of equipment, The nature of the duty in light of adults' case law from the past, The range of services and facilities that must be provided to eligible children under the CSDPA 1970, The role of occupational therapist in adult social care and continuing nhs healthcare /

https://assets.publishing.service.gov.uk/media/6941882c2d5e7e8632537570/ua-2025-000169-hs.pdf Children’s therapies like occupational therapy (OT), physiotherapy and speech and language therapy (SALT) can legally count as education in some situations and as health in others, and sometimes they are both at once. This matters because education duties are generally stronger and easier to enforce than health duties.   Why the label matters  What the Hertfordshire case said  What the judge decided  Final […]

R & RK v Hertfordshire  UKUT 381  Read More »

A Claimant v LONDON BOROUGH OF ENFIELD (2016)

Leave a Comment / Children Act 1989 services, Children and Families Act 2014 services, Children's Continuing Care from Education and Health Services alongside children's social services, Deprivation of Liberty for young persons aged 16 or 17 in any setting, Housing Rights for children under 18 through Housing Legislation, How Children's Services fit in with the Care Act (and transitioning from Children's Services /

A Claimant v LONDON BOROUGH OF ENFIELD (2016) The applicant (a teenager) sought to challenge the defendant local authority’s decision not to provide her with accommodation under s.20 Children Act 1989. As a 16 & 17 year old, C had a volatile relationship with her family. Repeated concerns had been raised about C around risks

A Claimant v LONDON BOROUGH OF ENFIELD (2016) Read More »

Manchester University Hospitals NHS Foundation Trust v JS & Anor 

Leave a Comment / Children and Families Act 2014 services, Deprivation of Liberty for young persons aged 16 or 17 in any setting, How Children's Services fit in with the Care Act (and transitioning from Children's Services /

https://www.bailii.org/ew/cases/EWCOP/2023/33.html This case was brought as an appeal by Manchester University Hospitals NHS Foundation Trust (the Trust) from a decision in April 2023 which can be found here.  The initial case concerned JS being deprived of her liberty following the lapse of a detention under s2 MHA. The Judge found that she was ineligible to

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Manchester City Council v P (Refusal of Restrictions on Mobile Phone) (Rev1) [2023] EWHC 133 (Fam)

Leave a Comment / Children Act 1989 services, Children and Families Act 2014 services, Consent to treatment, being accommodated, and admission to hospital for children under 18, Deprivation of Liberty for children under 16 in any setting, Deprivation of Liberty for young persons aged 16 or 17 in any setting, How Children's Services fit in with the Care Act (and transitioning from Children's Services, Public sector child protection functions, Safeguarding of children by local authorities, Section 20 accommodation arrangements under the Children Act /

https://www.bailii.org/ew/cases/EWHC/Fam/2023/133.html Facts  P, a sixteen-year-old girl who had been diagnosed with ADHD and had a history of continually attempting to take her own life, was the subject of these proceedings. By the time of the judgment, she was under a full care order under the Children Act but care proceedings were not taken until 2021. 

Manchester City Council v P (Refusal of Restrictions on Mobile Phone) (Rev1) [2023] EWHC 133 (Fam) Read More »

Dorset Council v A (Residential Placement: Lack of Resources) [2019] EWFC 62 (10 October 2019)

Children Act 1989 services, Children and Families Act 2014 services, Deprivation of Liberty for children under 16 in any setting, Deprivation of Liberty for young persons aged 16 or 17 in any setting, How Children's Services fit in with the Care Act (and transitioning from Children's Services, Public sector child protection functions, Regulation of settings intended for care and support of children, Safeguarding of children by local authorities /

In this case, his honour Judge Dancey expressed his concern about the increasing number of children and young people in need of help and support in Dorset, England. A care order was made on August 12th 2019 and a final deprivation of liberty (DOL) order on September 30th 2019 within the care proceedings (through use

Dorset Council v A (Residential Placement: Lack of Resources) [2019] EWFC 62 (10 October 2019) Read More »

Re K (secure accommodation) [2001] 2 All ER 719 (CA)

Leave a Comment / Children Act 1989 services, Children and Families Act 2014 services, Deprivation of Liberty for children under 16 in any setting, Deprivation of Liberty for young persons aged 16 or 17 in any setting, How Children's Services fit in with the Care Act (and transitioning from Children's Services /

A secure accommodation order was not incompatible with the right to liberty enshrined in the European Convention on Human Rights. The purpose of section 25 Children Act 1989 was to restrict the liberty of the child. A secure accommodation order made under s25 was therefore a deprivation of liberty. It followed that a secure accommodation

Re K (secure accommodation) [2001] 2 All ER 719 (CA) Read More »

Birmingham City Council v D (by his litigation friend the official solicitor) & W [2016]

Leave a Comment / Children and Families Act 2014 services, Deprivation of Liberty for children under 16 in any setting, Deprivation of Liberty for young persons aged 16 or 17 in any setting, How Children's Services fit in with the Care Act (and transitioning from Children's Services /

Birmingham City Council v D (by his litigation friend the official solicitor) & W [2016] Keywords: Deprivation of liberty, mental capacity, consent, 16 and 17 year olds FACTS The case concerns D, a 16 year old with ASD, ADHD, Tourette’s and significant behavioural difficulties. D was residing in a specialist residential placement under s.20 arrangements

Birmingham City Council v D (by his litigation friend the official solicitor) & W [2016] Read More »