Text:E90-17

Children and deprivation of liberty

Another in the growing list of cases considering the application of Cheshire West to younger children (in this case 13) can be found in the decision in Re HC (A Minor: Deprivation of Liberty) [2018] EWHC 2961 (Fam)^M. Standard orders following those proposed by the former President in Re A-F (Children)(No 2) [2018] EWHC 2129 (Fam)^M have also been approved, although at present appear only to be available behind paywalls. We recall also that these orders do not make reference to the basis upon which the child is deprived of their liberty – is it on the basis of Article 5(1)(d) (educational supervision) or Article 5(1)(e) (unsoundness of mind)? We would respectfully suggest that they need to make this clear, not least to direct the nature of the evidence required.