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Sophie Smith-Holland appears in the Court of Appeal in a deprivation of liberty case

RESOURCES / News

Sophie Smith-Holland, Barrister in our Family & Divorce Team, is appearing in the Court of Appeal to represent the child’s mother in the appeal from the decision of Mrs Justice Lieven in Re J: Local Authority consent to Deprivation of Liberty [2024] EWHC 1690 (Fam).

The Court of Appeal is being asked to decide whether Lieven J was right to decide that a local authority can give valid consent to the confinement of a child in its care, pursuant to its parental responsibility, such that the child would not be deprived of their liberty within the meaning of Article 5 of the European Convention on Human Rights.

The appeal will be live streamed and details published on the Court of Appeal (Civil Division) Daily cause list here.

The original judgment is here.