ABSTRACT
In 2015, the High Court was asked to consider the role of parents in depriving their children of liberty. Keehan J held that the parents of a 15-year-old boy with learning difficulties could provide lawful consent for his informal admission to a closed psychiatric unit. The hospital provided mental health services for children and adolescents; he was accommodated in a building with an integral school. The external door was locked, and he was checked by staff every 30 minutes. The court was told that it was not necessary to detain him in order to treat him; thus the Mental Health Act 1983 provisions were inapplicable. D's parents provided consent for these arrangements. Previous courts, both European and domestic, have held that a parent may impose restrictions on their child's liberty. But such restrictions must not equate to a deprivation of liberty of the child.
