Information for "Birmingham City Council v D (2016) EWCOP 8"

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Display titleBirmingham City Council v D [2016] EWCOP 8
Default sort keyBirmingham City Council v D (2016) EWCOP 8
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Page ID8386
Page content languageen - English
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Page imageEssex newsletter 62.pdf

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Page creatorJonathan (talk | contribs)
Date of page creation23:02, 31 January 2016
Latest editorJonathan (talk | contribs)
Date of latest edit19:52, 20 July 2023
Total number of edits7
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(1) A parent cannot consent to the confinement (i.e. the objective element of Article 5 deprivation of liberty) of a child who has attained the age of 16. (2) The confinement was imputable to the state despite the accommodation being provided under s20 Children Act 1989, as the local authority had taken a central role; in any event, even if D's confinement were a purely private affair the state would have a positive obligation under Article 5(1) to protect him. (3) The judge did not resile from his previous judgment that D's parents could consent to his confinement in hospital when he was under 16.
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