Display title | Re RD (Deprivation or Restriction of Liberty) [2018] EWFC 47 |
Default sort key | Re RD (Deprivation or Restriction of Liberty) (2018) EWFC 47 |
Page length (in bytes) | 1,554 |
Page ID | 9791 |
Page content language | en - English |
Page content model | wikitext |
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Page creator | Jonathan (talk | contribs) |
Date of page creation | 21:13, 29 November 2018 |
Latest editor | Jonathan (talk | contribs) |
Date of latest edit | 01:10, 19 January 2019 |
Total number of edits | 3 |
Total number of distinct authors | 1 |
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Description | Content |
Article description: (description ) This attribute controls the content of the description and og:description elements. | "The court is concerned in this application with the circumstances of RD. She is 14½ years old. She is currently the subject of an application for a care order under Part IV Children Act 1989, and is in the interim care of Northumberland County Council. ... RD has been placed by the Local Authority at a residential placement in Scotland, which I shall call Lennox House. ... The issue for my determination is whether the regime which applies to RD at Lennox House deprives her of her liberty in such a way as to engage her Article 5 ECHR rights. ... The implications of my determination are not insignificant. If I were to find as a fact that RD is deprived of her liberty in Article 5 terms, I would feel obliged to adjourn the Part IV proceedings, and would propose that the Local Authority present a petition to the nobile officium of the Court of Session seeking authorisation of that Court for RD's deprivation of liberty ... If I find that she is not deprived of her liberty, then there would be little impediment to my concluding the Part IV proceedings in this jurisdiction." |