A unique text providing a roadmap through the deprivation of liberty of children, from spotting the initial signs that a child may be deprived of their liberty or a deprivation of liberty may be required, through to taking an application to court and the course of proceedings.
The authors unpack what a deprivation of liberty is in relation to a child, and the differences for a child who is under 16 to those who are 16 or 17, and how the thorny issue of consent feeds into this. It also sets out how authorisation of a deprivation of liberty is obtained, covering which court is the right court dependent on the facts of the case, including explanations of the Mental Capacity Act 2005 and the role of the Court of Protection. The intersection with care proceedings is broken down and consideration given to the interplay between the issues surrounding deprivations of liberty and the Children Act 1989. Placement types and the corresponding regulations are explored and explained – including placements outside of the jurisdiction. Practical guidance is also included on the transition of children into adulthood.
Case law summaries appear throughout and within a dedicated explanatory chapter, creating an easy-to-access resource for professionals and non-lawyers. The book's purpose is to demystify the complicated and convoluted issues surrounding this challenging area of law, and in doing so, supports advocates, practitioners, and parents, family and carers who are involved in the lives of children who are deprived of their liberty.
