Case details

In the matter of D (A Child)

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Case ID: UKSC 2018/0064

Case summary

Issue

Whether the confinement of D, a young person aged 16, who lacked capacity or competence to make decisions about his residence and care, amounted to a deprivation of his liberty for the purposes of art.5 ECHR, in circumstances where his parents were consenting to the confinement.

Facts

D was born on 23 April 1999. He has been diagnosed with Attention Deficit Hyperactivity Disorder, Asperger’s Syndrome, Tourette’s Syndrome and a mild learning disability. In March 2012 D was informally admitted to a psychiatric hospital for assessment and treatment, with his parents’ consent and it was proposed to move him to a residential placement in which he would be under continuous supervision and control. On his 16th birthday the respondent council applied for a declaration that D was not deprived of his liberty on the basis that his parents were still able to consent to his confinement in exercise of their parental responsibility. It was common ground that D lacked capacity to make decisions about his residence and care.

Judgment appealed

[2017] EWCA Civ 1695

Parties

Appellant

D (by his litigation friend, the Official Solicitor)

Respondent

Birmingham City Council

Interveners
  1. Equality and Human Rights Commission
  2. Secretary of State for Education
  3. Secretary of State for Justice

Appeal

Justices

Lady Hale, Lord Carnwath, Lady Black, Lord Lloyd-Jones, Lady Arden

Hearing start date

03 Oct 2018

Hearing finish date

04 Oct 2018

Watch hearing
03 Oct 2018 Morning session Afternoon session
04 Oct 2018 Morning session