James Dove’s article on Section 20 and Deprivation of Liberty published in Family Law Journal

James Dove’s article  Liberty, capacity and the age boundary: section 20 and deprivation of liberty for 16- and 17-year-olds appears in this month’s Family Law Journal. This article examines the increasingly fraught boundary between child welfare powers and capacity law when local authorities seek to restrict the liberty of 16- and 17-year-olds. It explains how any deprivation of liberty must be authorised through a recognised legal route, and why the interaction between the Children Act 1989 and the Mental Capacity Act 2005 produces an uneven, and sometimes incoherent, framework.