— The High Court granted the care order as sought, but said that an order authorising deprivation of liberty was not necessary as the local authority could consent. (1) The judge was constrained by caselaw to find that there was a deprivation of liberty (the situation was not as clear cut as in SM). (2) The parents, and the LA if a care order is made, can give consent to deprivation of liberty: the test for whether a LA can make a decision or grant consent in respect of a child in their care is whether the consequences are "of great magnitude" to the child, but here the restrictions were the obligations of any responsible carer in ensuring J's best interests and were required by Article 2's positive obligations. [The consent point was overturned on appeal.]
Full details available at: https://www.mentalhealthlaw.co.uk/Re_J_(Local_Authority_consent_to_Deprivation_of_Liberty)_(2024)_EWHC_1690_(Fam)?id=110225-1300