A Practical Guide to Deprivation of Liberty Orders for Children and Young People in the Family Court Protection

This book provides a helpful guide to practitioners looking to better understand the interplay between the family court and the Court of Protection when authorisations for a deprivation of liberty (DOLs) for children and young people are required.Practitioners will find a summary of the relevant legal principles, alongside practical tips for the issues practitioners are most likely to encounter in everyday practice including guidance on how to identify when a case should more appropriately be heard in the family court under the Inherent Jurisdiction or in the Court of Protection, the type of restrictions that do not require authorisation by DOLs and how to plan for a child or young person's future when DOLs will be required going into adult life. Key concepts like 'Gillick competence', 'mental capacity', and the difference between 'child' and 'young person' are explained in an easy to use way, alongside a helpful break down of all the relevant legal tests.CONTENTSChapter 1 - What Is a Deprivation of Liberty Order?Chapter 2 - Deprivation of Liberty Orders for Under 18-Year-OldsChapter 3 - When DOLs Authorisations Are Not Necessary or AppropriateChapter 4 - Procedure for Applications Under the Inherent Jurisdiction in the Family CourtChapter 5 - Placement TypeChapter 6 - Where to Issue- Family Court or Court of ProtectionChapter 7 - Introduction to the Court of ProtectionChapter 8 - Working Together: Transitioning and PlanningChapter 9 - Procedure for Applications in the Court of ProtectionChapter 10 - Liberty Protection SafeguardsAppendix - Key Legal Statutes