In the matter of D (A Child)

Mental Capacity Law Cases

In the matter of D (A Child)


Summary The Supreme Court has held (by a majority) where a 16 or 17 year old child cannot (or does not) give their own consent to circumstances satisfying the ‘acid… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, Article 5 ECHR - Children and young persons Date

A City Council v LS, RE and KS (A Child)


Summary The issue in this case was whether the High Court had power under its inherent jurisdiction to authorise the deprivation of liberty of a 17-year-old who was at grave… Read more »

CategoryArticle 5 ECHR - Children and young persons, COP jurisdiction and powers - Interface with inherent jurisdiction Date

Re T (A Child)


The issue in this appeal was whether a lack of valid consent was a pre-requisite to the exercise of the inherent jurisdiction authorising the restriction of the liberty of a… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, Article 5 ECHR - Children and young persons, COP jurisdiction and powers - Interface with inherent jurisdiction Date

Northumberland County Council v MD, FD and RD


Summary The issue in this case was whether RD was deprived of her liberty for the purposes of Article 5. RD was 14½ years old and accommodated in a residential… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, Article 5 ECHR - Children and young persons, Inherent jurisdiction Date

In the matter of D (A Child)


Summary[1] This significant ruling by the Court of Appeal concerns the extent to which parents are able to consent to the confinement of their incapacitated children in light of Cheshire… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, Article 5 ECHR - Children and young persons Date

A Local Authority v D & Ors


Summary [1]  This case concerned C, a 15 year old man who had been made the subject of a care order in favour of the local authority. The local authority… Read more »

CategoryArticle 5 ECHR - Children and young persons Date

Re Daniel X


Summary Daniel X is the youngest (reported) person since Cheshire West to satisfy the nuanced acid test. He was 10 years old with severe autistic disorder and severe learning disability… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, Article 5 ECHR - Children and young persons, Article 5 ECHR - DOLS authorisations, Family (public law), Safeguarding Date

Birmingham City Council v D and W


Summary[1] This is the sequel to Trust A v X and A Local Authority [2015] EWHC 922 (Fam), summarised here. In the first instalment, a 15-year-old boy – who had… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, Article 5 ECHR - Children and young persons, Article 8 ECHR - Residence Date

D (A Child) (Deprivation of Liberty)


Summary of D (A Child) (Deprivation of Liberty) This case concerns the question of the application of the ‘acid test’ to those under 16.   D, the child at the centre of… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, Article 5 ECHR - Children and young persons, COP jurisdiction and powers - Interface with inherent jurisdiction Date

RK v BCC, YB & AK


Summary: We start with the important decision of the Court of Appeal handed down yesterday upon the appeal from the decision of Mostyn J ([2010] EWHC 3355 (Fam)), that the… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, Article 5 ECHR - Children and young persons Date

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