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Looking at the Court’s inherent jurisdiction to deprive children of their liberty

Home » News » Looking at the Court’s inherent jurisdiction to deprive children of their liberty

Alex Laing recently authored a piece for Family Law Week on the inherent jurisdiction of the court to deprive children of their liberty. This article was in light of recent case law, including [2018] EWHC 1121 (Fam), in which Alex acted on behalf of the local authority.

In the above case, a child absented himself from home and became caught up in gang activity, which eventually took him to different parts of the country where he was forced to sell drugs. The local authority brought an application forward for a care and secure accommodation order, as well as an application to engage the High Court in a deprivation of liberty order.

This case is one of the first examples of the Family Division of the High Court dealing with a victim of county line drug running. The child had given the police a very detailed statement, and the police and children’s services became very concerned about the risk of violence to him (and the safety of his life).
In his article, titled ‘Daedalus, Ariadne and the Minotaur: Where are we now?’ Alex looks at the increase in frequency in which this inherent jurisdiction of the court has been used, the current law, and what issues remain.

You can read the commentary here: http://www.familylawweek.co.uk/site.aspx?i=ed189940

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