Public Law Blog

October 31, 2017 Jonathan Cowen, Anita Rao & Eleanor Sibley successful in appeal to the Court of Appeal on the question of whether parental consent has any role to play in deprivation of liberty applications concerning 16-17 year olds

Jonathan Cowen, Anita Rao, and Eleanor Sibley successfully represented Birmingham City Council in the Court of Appeal in an appeal against a decision of the Court of Protection that a 16 year old disabled child (D), who lacked capacity to make decisions about his residence and care, was deprived of his liberty in a residential […]

July 11, 2017 R(KA & NBV) v LONDON BOROUGH OF CROYDON

If the young person wishes to challenge the age assessment he has to then obtain legal advice and, if appropriate, see an interim injunction. Sometimes the interim relief is applied for after the young person has been dispersed.

The 2 applicants in these cases that were heard together were from Afghanistan and Vietnam respectively. There was nothing remarkable about the facts of either case. Both raised factual issues that are to be tried by the Upper Tribunal, however, Popplewell J ordered that a ‘rolled up’ hearing to consider the challenge to LBC’s practice.