Course Outline:
In paediatric wards, residential settings, children’s homes, flats, Airbnb, caravans, unregulated placements and many other places throughout England and Wales, children with complex needs, challenging behaviours, autism, learning disabilities, mental health and many other presentations are being deprived of their liberty often without lawful authority.
A deprivation of liberty is only lawful if it is imposed “in accordance with a procedure prescribed by law”. There are many ways in which a child can currently be deprived of their liberty:
- If a child is voluntarily accommodated under s.20 of the Children Act 1989 those with parental responsibility and the relevant Local Authority can agree to these restrictions
- Pursuant to s.31of the Children Act 1989 the Family Court could grant a care order and approve a care plan that recommends a deprivation of liberty
- A secure accommodation order pursuant to s.25 of the Children Act 1989
- An order made under s.100 of the Children Act 1989 invoking the inherent jurisdiction of the High Court (Family Division)
- Under the Mental Health Act 1983
- A Court of Protection Deprivation of Liberty Order in respect of a 16- and 17-year-olds who lack capacity to consent to a DoL as those with parental responsibility (parents) cannot authorise or consent to a deprivation of liberty on their behalf. (This course will not address COP DoL orders as this is dealt with in a separate MCA training course for older children)
This course is for health and social care professionals who work with children and young people with complex needs. It has been designed to provide essential overview of section 100 of the Children Act 1989 and the judgements being made frequently to deprive children and young people of their liberty. These cases involve the interplay between consent of the child, those with parental responsibility, often the parents and the local authority , the child’s human rights, Gillick competence and capacity.
Key Learning Outcomes:
- Recognise what constitutes a deprivation of liberty
- Identify the relevant legal framework which authorises a deprivation of liberty
- Understand the tensions that can exist between the Children Act 1989, the Mental Health Act 1983 and the Mental Capacity Act 2005 for older children
- Clarify the human rights implications for children in these situations
- Explore the concept of necessary and proportionate in relation to the risk of harm
- Analyse how the child’s voice should be at the heart of all decision making and plans for care and treatment
- Using recent court judgements, demonstrate when and how to apply to the High Court, Family Division for an order authorising a deprivation of liberty of a child
Course Details:
- Duration and CPD: 1 day | 6 hours
- In-house course format and fee: Virtual or face-to-face | Call for details
Please call 020 7549 2549 or email info@bondsolon.com to discuss or book an in-house course.