The need for good knowledge of deprivation of liberty case law for child care workers is becoming increasingly apparent. Case law now makes it clear that when any child in care is being deprived of their liberty, legal advice should be sought. If they are subject to a care order, the LA cannot consent and if they are subject to Section 20 arrangements, the parents can only consent in certain circumstances.

For 16-17 year olds, unless the young person can consent, the case must go to the court of protection. This new case law and the evolving nature of safeguarding adults policy means it is essential for staff who work with young people to have specialist training.

A recent Community Care article quoted Ramsden who described deprivation of liberty in children's services as a "storm waiting to happen" with not enough legal advice sought currently.

Our two new courses can help increase knowledge of this vital area - see here for more details.