(Family Court, Cobb J, 28 June 2018)
Public Law Children – Child placed by the Local Authority in a residential placement – Guardian argued the child’s liberty was deprived pursuant to Article 5 of the European Convention on Human Rights
The court found that the child’s liberty was not compromised any more than it would be in a domestic setting, in similar circumstances.
For comprehensive, judicially approved coverage of every important Family Division, Court of Appeal, Supreme Court and European courts case, subscribe to Family Law Reports.Subscribers can log in here.Find out more or request a free 1-week trial of the Family Law Reports. Please quote: 100482.
This judgment was delivered in private. The judge has given leave for this version of the judgment to be published on condition that (irrespective of what is contained in the judgment) in any published version of the judgment the anonymity of the children and members of their family must be strictly preserved. All persons, including representatives of the media, must ensure that this condition is strictly complied with. Failure to do so will be a contempt of court.
Case No: NE17C00583
Neutral Citation Number: [2018] EWFC 47
IN THE FAMILY COURT
SITTING IN NEWCASTLE-UPON-TYNE
Newcastle Law Courts
The Quayside,
Newcastle-Upon-Tyne
NE1 3LA
Date: 28/06/2018
Before :
THE HONOURABLE MR JUSTICE COBB
- - - - - - - - - - - - - - - - - - - - -
Between :
NORTHUMBERLAND COUNTY COUNCIL
Applicant
- and -
MD (mother)
FD (father)
-and-
RD
(By her Children’s Guardian)
Respondents
Re RD (Deprivation or Restriction of Liberty)
- - - - - - - - - - - - - - - - - - - - -
Miss Kate Fenwick (instructed by County Solicitor) for the Local Authority
Mr. Kyle Patterson (from Yarwood & Stubley) for the Mother
Mr. Geoff Hunter (instructed by Lawson & Thompson) for the Father
Mr. Simon Wilkinson (instructed by Caris Robson) for the Children’s Guardian
Hearing dates: 25 June 2018
- - - - - - - - - - - - - - - - - - - - -
Judgment
Judgment: Re RD (Deprivation or Restriction of Liberty) [2018] EWFC 47.rtf
