A Practical Guide to Deprivation of Liberty Orders for Children and Young People in the Family Court and Court of 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. * Please note that this book was published before the case of A Reference by the Attorney General for Northern Ireland of a devolution issue under paragraph 34 of Schedule 10 to the Northern Ireland Act 1998 [2026] UKSC 16 and therefore continues to set out the test according to Cheshire West. This guide does however contain a significant number of other matters in relation to DOLs for children and young people that are not impacted by this new decision. ABOUT THE AUTHORS Jemimah Hendrick practises in all areas of family law including public and private law children, financial relief and TLATA as well as undertaking work in the Court of Protection. Jemimah appears for local authorities, parents, children’s guardians and ‘P’ and has appeared in cases that have included non-accidental injuries, international abduction, committals, sexual abuse, cryptic pregnancies, forced marriage, FGM and issues of reporting cases and transparency. She has a particular interest in the ‘cross over cases’ for young people between the family courts and the Court of Protection and appears regularly in the DOLs court. Amelia Culverwell practises across all areas of children law including public and private. She represents local authorities, parents and children’s guardians and has been instructed in a wide variety of cases including those with allegations of sexual abuse, non-accidental injuries, forced marriage, and alienating behaviours. Amelia has a particular interest in representing vulnerable clients, including those who lack capacity. She regularly appears in the family court, the Court of Protection and the DOLs court. CONTENTS Chapter 1 – What Is a Deprivation of Liberty Order? Chapter 2 – Deprivation of Liberty Orders for Under 18-Year-Olds Chapter 3 – When DOLs Authorisations Are Not Necessary or Appropriate Chapter 4 – Procedure for Applications Under the Inherent Jurisdiction in the Family Court Chapter 5 – Placement Type Chapter 6 – Where to Issue- Family Court or Court of Protection Chapter 7 – Introduction to the Court of Protection Chapter 8 – Working Together: Transitioning and Planning Chapter 9 – Procedure for Applications in the Court of Protection Chapter 10 – Liberty Protection Safeguards Appendix – Key Legal Statutes