National DoLs Court is being launched at the Royal Courts of Justice

DoL stands for ‘Deprivation of Liberty’ and means that a person’s freedom is taken away from them.

Being deprived of liberty will mean that a person is under continuous supervision and control and is not permitted to leave a certain place. This is defined by using the criteria set out in the case of Storck v Germany as:

• Confinement in a particular restricted place for more than a short period of time
• A lack of valid consent
• Attribution of responsibility to the state

Article 5 of the Human Rights Act states that ‘everyone has the right to liberty and security of person, and no one shall be deprived of his or her liberty unless in accordance with a procedure prescribed in law.’

A deprivation of liberty occurs when there has been a breach of a child or young persons’ Article 5 right.

DoLs stands for the ‘Deprivation of Liberty Safeguards’ and is the framework used to authorise deprivations of liberty when:

• The person being deprived is 18 years or over and
• They live in a care home or hospital

The DoLs framework does not apply to anyone under the age of 18.

Children under the age of 16 can have their liberty deprived in settings such as the family home, a foster placement, education setting, a care home or a hospital. If the child is not competent to consent to their own care or treatment, if they are under continuous supervision or control, if they are not able to freely leave the place they are in, and if it is due to the state then it is likely that a deprivation of liberty is occurring.

The President of the Family Division has announced the launch of a National DoLs Court on the 4^th July 2022. This Court will deal with applications seeking authorisation to deprive children of their liberty and will be based at the Royal Courts of Justice.

The new Court will be supported by two Family High Court/Deputy High Court Judges.

Sir Andrew McFarlane, President of the Family Division said:

'This is important, sensitive work and the continued growth in the number of these applications to the family courts requires the creation of a dedicated listing protocol. The national DoLs Court will provide the necessary expertise in dealing with these matters. I am grateful to Lisa Harker and the Nuffield Family Justice Observatory who have kindly agreed to conduct research which will enhance our understanding of the nature of this work.'

Regular information will be collected and published from the new Court, for more information regarding this please click here.

Here at Johnson Astills Solicitors, members of our Care Department are highly experienced and can deal with a wide range of matters where Social Services are involved.  If you require legal representation at a Child Protection Conference, Pre-Proceedings Meeting  or would like advice in relation to your matter do not hesitate to visit our Care Team Page on our website or call our Leicester office on 0116 255 4855 or Loughborough office on 01509 610312 or email us at careteam@johnsonastills.com.