J v Bath and North East Somerset Council

Subject Matter

CHILDREN — Child in care — Deprivation of liberty — Child aged under 16 placed in residential children’s home pursuant to interim care order and subjected to restrictions amounting to deprivation of liberty — Whether local authority entitled to consent to necessary and beneficial deprivation of liberty under statutory powers — Whether court required to authorise deprivation of liberty under inherent jurisdiction — Children Act 1989 (c 41), ss 20, 33(3)

[2024] EWHC 1690 (Fam); [2025] 1 FLR 751; [2024] WLR(D) 355, Fam D

CHILDREN — Child in care — Deprivation of liberty — Child placed in specialist children’s home under care order — Child subject to restrictions on liberty amounting to confinement — Whether order authorising deprivation of child’s liberty required — Whether local authority able to consent to child’s confinement in exercise of parental responsibility — Children Act 1989 (c 41), ss 31, 33(3) — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 5

[2025] EWCA Civ 478; [2025] Fam 211; [2025] 3 WLR 137; [2026] 1 All ER 54; [2025] 2 FLR 1070; [2025] WLR(D) 232, CA

Appellate History

Commentary

Local Government Lawyer
Court of Appeal issues reasons for allowing appeal over whether councils can authorise deprivation of liberty where care order in place Case comment

St John's Chambers
A case concerning whether a Local Authority can consent to the confinement of a child in its care, such that there is no requirement for a deprivation of liberty order from the court. Case comment

UK Human Rights Blog
Cheshire West rides again: no power for a local authority with parental responsibility to consent to detenion Case comment