Latest articles
UK Immigration Rough Sleeper Rule
Aaron Gates-Lincoln, Immigration NewsThe UK government has recently introduced a controversial new set of rules that aim to make rough sleeping grounds for refusal or cancellation of a migrant’s...
Teaching Hospitals NHS Trust v DV (A Child) [2021] EWHC 1037 (Fam)
(Family Division, Cohen J, 19 April 2021)Medical Treatment – 17-year-old had form of bone cancer and required surgery For comprehensive, judicially approved coverage of every important...
Domestic Abuse Bill
Aaron Gates-Lincoln, Immigration NewsAfter years of development the Domestic Abuse Bill returned to the House of Lords in the UK on the 8th March 2021 to complete its report stage, one of the final...
Coercive control and children’s welfare in Re H-N and Others
When families come to strife, arrangements must be made for the future care of any children. In some circumstances, this means an application to the courts. These ‘private law orders’ can...
Profession: Expert Witness
The value of a family business or business interest is treated as an asset and therefore part of the matrimonial pot to be distributed when it comes to negotiating a financial settlement on divorce or...
View all articles

VULNERABLE ADULT/CHILD WELFARE: Re A and B (Equality and Human Rights Commission Intervening) [2010] EWHC 978 (Fam)

Sep 29, 2018, 17:28 PM
Slug : vulnerable-adult-child-welfare-re-a-and-b-equality-and-human-rights-commission-intervening-2010-ewhc-978-fam
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Jun 29, 2010, 11:50 AM
Article ID : 91127

(Family Division; Munby LJ sitting as a judge of the Family Division; 4 May 2010)

In the two separate cases, a child and an adult both suffered from a rare syndrome resulting in them lacking capacity. They were cared for at home by their families and were locked into their rooms at night, although nobody suggested that they would be better cared for in any other environment. The issue was whether the care at home involved deprivation of liberty.  

Held that the child and the adult were not deprived of their liberty, instead their liberty was restricted. To engage Art 5, deprivation of liberty must be imputable to the State. Notwithstanding local authority's duties, it was not sufficiently directly involved to engage the State's responsibility.  In any event, while the subjective element of deprivation of liberty was satisfied, the objective element was not. A domestic setting could involve deprivation of liberty, but typically not. Re MIG and MEG [2010] EWHC 785 (Fam) approved. Declaration made that there was no deprivation of liberty.


Family Law Reports

Family Law Reports are relied upon by the judiciary, barristers and solicitors and the reports are cited daily in court and in judgments.

They contain verbatim case reports of every important Family Division, Court of Appeal, House of Lords and European courts case, and also includes practice directions, covering the whole range of family law, public and private child law.


Categories :
  • Archive
  • Judgments
Tags :
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from