Family Videos

Date when Video was Published: 23/08/2023

Deprivation of Liberty Applications within Family Proceedings Article 5 of the European Convention of Human Rights defines “deprivation of liberty”, as the fundamental right of every individual whatever their age, the right to liberty, in simple terms the power to do as they please. In limited circumstances, Article 5 allows senior judges on an application for a person’s liberty to be restricted; if this is to happen then strict safeguards should be put in place. Within the Family Court, a child under 18 would have their liberty deprived under s25 of the Children Act 1989, following an application by the Local Authority. Often alongside this application, the Local Authority would also seek an application for a Care Order. This allows the placement of looked after children in a registered secure children`s home. Section 25 outlines the “welfare” criteria which must be taken into consideration: The child has a history of absconding and is likely to abscond from any other description of accommodation, If the child absconds, they are likely to suffer significant harm, If the child is kept in any other description of accommodation, they are likely to injure themselves or others Examples of orders that the court has the jurisdiction to make can include: Decision on where to reside, restricted access to modes of social communication such as internet, landline or mobile telephones Due to a shortage of properly regulated and registered secure children`s homes, there has been an increase in applications being made under the Courts Inherent Jurisdiction for children to be deprived of their liberty and placed in alternative, unregulated secure placements . As a result, in July 2022, the National DOLs Court was launched based at the Royal Courts of Justice. Duncan Lewis Solicitors have specialist solicitors who represent clients in this niche area of law. Please visit our website or call us directly on 033 3772 0409

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