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Guidance on Art 5 compliance when a child in local authority care is deprived of their liberty

© Copyright LexisNexis 2024. All rights reserved.
Date:13 MAR 2018
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Emma Fitzsimons
Barrister

In Re A-F (Children) (Care Orders: Restrictions on Liberty) [2018] EWHC 138 (Fam) the court gave guidance on when Art 5 of the European Convention on Human Rights (ECHR) is engaged in relation to a child in the care of the local authority, and the procedures necessary to ensure the deprivation of liberty is lawful.

The test cases concerned seven children, aged between 11 and 16. A final care order was made in each case in favour of the same local authority. Each had health difficulties such as autism, severe learning disabilities or global development delay. Each was in foster care or a residential placement. Some were in locked environments, and all were heavily supervised.

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