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Deprivation of Liberty in Children and Young People

This course is aimed at DCT, YAS & Transitions Team Social Workers and Team Managers

The course is delivered in person (9.30 to 16:00)

Aims

This course aims to update staff working with children, young people and those in transition with the latest case law and developments in relation to deprivation of liberty. The course will consider these developments and their impact on practice. It examines the Supreme Court ruling on deprivation of liberty and considers practical issues in its application for children and young people.

Learning outcomes

By the end of the course participants will be able to:

• Understand the ‘presumption of capacity’ from age 16; the overlap with parental responsibility until the age of 18 and how this differs to consent provided for children under 16
• Understand the supreme court ruling and it’s application to those aged under 18
• Identify when a deprivation of liberty may be occurring and how to make it lawful

Programme

The course will include the following key topics:

• Deprivation of Liberty – overview – European Court onwards
• Supreme Court ruling – overview and its application to children and adults
• Law Society guidance following the Supreme Court ruling – children’s chapter
• Recent case law applying the Supreme Court ruling to those under 18
• The new threshold for deprivation of liberty set by the Supreme Court
• ‘Continuous supervision and control’ – guidance and examples from case law
• ‘Not free to leave’ – guidance and examples from case law
• Case law review involving children since the Supreme Court ruling
• Residential schools, non-secure children’s homes and foster placements
• Deprivation of liberty - finding of fact and how to make it lawful
• 18+ in a care home or hospital
• 18+ not in a care home or hospital
• 16-17 in any placement
• Under 16 – in any placement
• Parental consent (zone of parental responsibility) its authority and limitations in relation to deprivation of liberty – case law review
• DoLS procedure overview
• Court of Protection applications overview
• Interaction with other legislation – Children Act, Mental Health Act etc

Dates