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Deprivation of Liberty Article on the BBC

The BBC has today produced an article on the complex issues surrounding deprivation of liberty for vulnerable children. Click here to view. The article by Sanchia Berg follows the judgment handed down in the three cases of Derby CC v CK & Ors (Compliance with DOL Practice Guidance) (Rev1) [2021] EWHC 2931 (Fam) (03 November 2021), which is a High Court judgment on a specific, overlapping issue in a cohort of three separate cases. Click here to read on BAILII.

The issue at hand in the three cases, as described at paragraph 3 of the judgment, is “concerning the range of circumstances in which the jurisdiction [the judge] found subsists may be applied.  Namely, whether, given the central role accorded to the President’s Guidance by the Supreme Court in Re T and by this court in Tameside MBC v AM & Ors (DOL Orders for Children Under 16), it remains open to the court to exercise its inherent jurisdiction in cases where a placement either will not or cannot comply with the Practice Guidance.”

The case provides important guidance on this issue in very complex and emotive circumstances involving vulnerable children.

Lorraine Cavanagh QC and Shaun Spencer of St John’s Buildings represented the Local Authorities (those being Derby City Council and The City of York Council) in two of the three cases considered by the court in reaching its decision.