Developments in secure accommodation and deprivation of liberty cases surrounding children and young persons 2022

This area of public children law continues to be complex and challenging at all levels, compounded by changes to case law and legislation this year as well as the ongoing scarcity of units. Hence, practitioners need to consider various types of approaches to secure a child’s welfare.

This webinar will assist in understanding these orders and consider different approaches to running such cases, whether you are acting for the applicant or the respondent. The position in both England and Wales will be covered.

Key topics include:

• Secure accommodation orders in children cases
• What is the procedure for applying for and running a DOL application?
• When is a restriction a deprivation of liberty, as opposed to a deprivation of liberty? Issue as to consent of the child – Consideration of the Supreme Court decision in Re T (A Child) 2021 UKSC 35
• Lack of secure accommodation units and the actions that can be taken – Consideration of Lancashire County Council v G (No. 4) (Continuing Unavailability of Regulated Placement) 2021 EWHC 244 (Fam)
• Guidance issued by the president of the family division in relation to placing a child in an unregistered children’s home
• Care Planning, Placement and Case Review (England) (Amendment) Regulations 2021 – What is the impact of these?
• Placement of a looked after child under the age of 16 in unregulated accommodation
• Consideration of Tameside MBC v AM and others 2021 EWHC 2472 (Fam)
• Consideration of Derby CC v CK and Ors (Compliance with DOL Practice Guidance) 2021 EWHC 2931 (Fam)
• Need for DOL authorisation and implications if not sought- Consideration of NHS Trust v ST (Refusal of Deprivation of Liberty Order) 2022 EWHC 719 (Fam)
• National Deprivation of Liberty (DoLs) Court
• What weight does the secure criteria review have on decision making? A Borough Council v E and Others (No 2) (Refusal of Secure Accommodation Order) 2021 EWHC 2699 (Fam)
• Is the ‘streamlined procedure’ appropriate for 16 and 17 year old?  Consideration of  A COUNCIL and KL 2022 EWCOP 24