Rose Harvey-Sullivan and Kate Temple-Mabe have co-authored an article about the recent Supreme Court decision of Re D, which represents an overlap between Court of Protection and family law:

Supreme Court decides that parents cannot consent to a 16- or 17-year old’s deprivation of liberty on their child’s behalf: In the matter of D (A Child) [2019] UKSC 42

The Supreme Court has held that when a child is 16 or 17 and lacks capacity to make decisions, a parent cannot consent to living arrangements which would amount to a deprivation of that child’s liberty on their behalf. Instead, an application must be made for authorisation of the child’s deprivation under the Deprivation of Liberty Safeguards (DoLS) regime.

The Court did not give a clear direction as to what the procedure should be in respect of children younger than this.

The judgment will likely result in many applications being made by Local Authorities in respect of children being placed in care in circumstances amounting to a deprivation of liberty.

View full article here.


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