Re C (A child with complex needs including severe learning disability: deprivation of liberty)
This is the second in a series of judgments handed down by Henke J, which consider children with complex needs and the changes to the test for whether a child is the subject of a confinement.
This judgment considers the use of s.20, the relevance or otherwise of the placement’s registration and whether a parent’s consent is relevant as part of the objective assessment of the individual child. Like B, the parties and the court concluded that the care regime did not amount to a deprivation of liberty and no declaration by this court was necessary.
The judgment is available here: Re C (A child with complex needs including severe learning disability: deprivation of liberty)
Callum Brook appeared on behalf of the child, instructed by Stacy Fox of Cartwright King solicitors.
