Re AB (A Child: human rights)

Mental Capacity Law Cases

Re AB (A Child: human rights)


Summary AB was 13 and a special guardianship order was made in favour of his paternal grandmother as his parents were unable to care for him. He was diagnosed with… Read more »

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

Nottinghamshire County Council v LH, PT and LT; Nottinghamshire v LH, PT and LT (No. 2)


Summary In these two judgments, decided five days apart, Poole J considered the authorisation of the deprivation of a deprivation of liberty of a 12-year-old girl, LT, in an acute… Read more »

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

Re Z (A Child: Deprivation of Liberty: Transition Plan)


In Re Z (A Child: Deprivation of Liberty: Transition Plan) [2020] EWHC 3038 (Fam), Knowles J considered the situation of a 14 year old boy with autism and PDA traits… Read more »

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

Hertfordshire CC v NK and AK


In this case, MacDonald J declined to make an order a DoL order in respect of a 16 year old, on the basis that he did not consider that the… Read more »

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

Re QJ


In QJ v A Local Authority Hayden J was considering the situation of an 87 year old man with vascular dementia challenging a DoLS authorisation under s.21A.  The man was,… Read more »

CategoryBest interests - Medical treatment, Article 5 ECHR - Children and young persons, Mental capacity - Medical treatment, Article 5 ECHR, Best interests, Mental capacity Date

A London Borough v X, Y and Z


This was a wardship application brought by the local authority in respect of Z, a 17 year old boy who had a range of very complex health needs rendering him… Read more »

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

In the matter of D (A Child)


Summary The Supreme Court has held (by a majority) where a 16 or 17 year old lacks capacity to give their own consent to circumstances satisfying the ‘acid test’ in… 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

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