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Supreme Court judgment in deprivation of liberty case to be promulgated on 26 September

16-year-old lacked capacity to make decisions about his residence and care

Judgment in the case of D (A Child) will be promulgated by the Supreme Court on Thursday, 26 September.

The case concerns 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.

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.

For the judgment in the Court of Appeal, click here.