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Birmingham City Council v D [2016] EWCOP 8: A Summary

Date:28 JAN 2016
Deprivation of liberty - section 20 Children Act 1989 - voluntary accommodation - consent - substituted consent - parental responsibility

D aged 16 was voluntarily accommodated in a residential unit by the Local Authority under s 20 Children Act 1989. The issue for Keehan J to determine was whether D was being deprived of his liberty (as argued by the Official Solicitor) or whether his voluntary accommodation under s 20 meant that he could not be so deprived (the position of the Local Authority).

By way of background D had ADHD Asperger's Syndrome Tourette's Syndrome and had been diagnosed as suffering from a mild learning disability. D's behaviour was said to be challenging - characterised by verbal and physical aggression and urinating and defecating in inappropriate places - and this had a marked adverse effect on D's younger brother. D's prescribed medication had only limited effects. After the involvement of CAMHS in March 2012 D was informally admitted to hospital where he lived and was educated for a disciplinary assessment and treatment.D had supervised visits home at the weekend for periods...

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