In September 2025, the Family Law Journal published an article by Coram Chambers barrister Alex Clift, titled “Re J: is a loss of autonomy always a deprivation of liberty?” In this article, Alex examines the Court of Appeal’s recent decision in Re J [2025] EWCA 478, a case with significant implications for children’s rights.
The Court of Appeal confirmed that the state can never give valid consent on behalf of a child to the deprivation of liberty. This crucial point means that critical legal safeguards and independent court authorisation must always be present. Sir Andrew McFarlane, President of the Family Division, noted that the lower court’s decision would have removed the case from the vital protection of Article 5, avoiding these key safeguards.
Alex argues that the Court of Appeal’s ruling marks a welcome shift. It re-emphasises human rights protections for all individuals, moving away from a recent trend seen in case law. The article examines the tensions between the higher courts’ focus on pure human rights principles and the practical pressures faced by lower courts and public bodies responsible for making day-to-day decisions.
Drawing on the seminal case of Cheshire West [2014] UKSC 19, Alex concludes that this approach remains the correct one. The system, she argues, must adapt to the reality that many individuals require restrictions – restrictions that must be scrutinised and authorised within the scope of Article 5.
This article is essential reading for practitioners interested in the evolving balance between human rights and practical realities in family law.
