Birmingham City Council v D and another [2016] EWCOP 8, [2016] All ER (D) 05 (Feb)
The Court of Protection held that the parent of a 16-year-old young person could not consent to their confinement which, absent a valid consent, would amount to a deprivation of that young person’s liberty for the purposes of Art 5 of the European Convention on Human Rights and that it was for the local authority to protect a young person’s right in such circumstances by applications to court to determine whether that young person was deprived to his liberty, is so, to seek authorisation for its continuance.
