Alex Forbes in N (A Child) (Deprivation of Liberty Orders) [2025] EWHC 1690 (Fam)
16th Jul 2025 | Cases
Alex Forbes represented the applicant Local Authority in N (A Child) (Deprivation of Liberty Orders) [2025] EWHC 1690 (Fam); a final judgment in deprivation of liberty proceedings concerning a young woman who had turned 18.
The applicant Local Authority applied on 10–11 Feb 2025 to authorise depriving 17-year-old N of her liberty under inherent jurisdiction. N, now 18, had experienced severe trauma, recurrent self-harm, suicidal attempts, and absconding since 2022, following domestic abuse and parental neglect. She spent significant time in secure and residential care under deprivation orders, most recently until Nov 2024. After repeated crises—including overdoses and police interventions—she was placed in a CQC-registered therapeutic setting. In Feb 2025, that provider served immediate notice, stating they could not keep her safe. The authority pleaded for continued deprivation to protect her amidst this persistent instability.
At the final hearing in May 2025 all parties were in agreement that N was now able to make better choices and the local authority no longer sought the court’s authorisation to deprive N of her liberty. The current application was no longer necessary, and the proceedings could conclude.
N will continue to be supported by Adult Social Care and the Leaving Care Team. N had been allocated a personal adviser from the Care Leaver Service and an Adult Social Worker with whom she had started to build positive relationships. The Judge noted that ‘a seamless transition between adult and children’s social services was properly anticipated and acted on. Section 17ZH of the Children Act 1989 is an often-overlooked provision. It deals with the transition of assessments of children under s.17 Children Act 1989 and adults under the Care Act. The spirit of the policy which underpins that section was observed in this case.’
The Judge took the opportunity to state that Deprivation of Liberty orders are permissive in nature. Orders authorising deprivation of liberty are not a prescriptive list of restrictions which must be imposed. It is a menu of what may be imposed by the applicants, if it is necessary and proportionate to do so, in order to safeguard the young person. The applicants must at all times use the least restrictive option.
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