Simon Miller and James Turner in EBY (A Child) (Deprivation of Liberty Order: Jurisdiction) (17-year-old) [2023] EWHC 2494 (Fam)

18th Oct 2023 | Cases

Simon Miller, instructed pro bono by HLA Family Law, represented the second respondent Father and James Turner, instructed by Jackson West, Solicitors, represented the first respondent Child in EBY (A Child) (Deprivation of Liberty Order: Jurisdiction) (17-year-old) [2023] EWHC 2494 (Fam) An application by a local authority for an order under inherent jurisdiction authorising the local authority to deprive a 17-year-old child of her liberty with the consent of her parents. The court deemed a ‘deprivation of liberty order’ to be in the best interests of the Child and a necessary and proportionate measure for the purposes of Article 5(1)(d) in order to protect her from further serious harm as a result of her involvement in criminal gang activity. No other legal means were available to protect her and she would then be at such a risk of harm as to breach the state’s protective duties under Article 2 (the right to life) and Article 3 (the right to be free from torture and inhuman and degrading treatment) of the European Convention on Human Rights as set out in and given effect by the Human Rights Act 1998.

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