The National Deprivation Of Liberty Court

• Published date: 31 March 2023
• Law Firm: Weightmans
• Author: David Birch

What are the latest trends we can take from the data?

We are now nine months into the one year pilot of the National Deprivation of Liberty Court, and the Nuffield Family Justice Observatory ('NFJO') have published their briefing highlighting the 'Latest data trends - February 2023', and a study detailing the needs and characteristics of the children subject to Deprivation of Liberty ('DoL') applications 'An analysis of the first two months of applications at the national deprivation of liberty court'.

The creation of the National Deprivation of Liberty Court

The National Deprivation of Liberty Court was set up to improve the process for considering applications for children to be deprived of their liberty under the inherent jurisdiction of the High Court. Its purpose is not to consider a DoL under the Mental Capacity Act, nor a detention under the Mental Health Act.

A DoL occurs when restrictions are placed upon a child's liberty that are beyond what would normally be expected for a child of the same age. This may include them being required to live somewhere they are not free to leave, being under continuous supervision and control, and subject to restraint or medical treatment without consent. DoL applications under the inherent jurisdiction are made when other statutory powers are not available in the...