Re D (a child) (residence order: deprivation of liberty)

Mental health – Persons who lack capacity. The trial judge had erred in law in finding that a parent could not consent to arrangements for a child who had attained the age of 16 which would otherwise amount to a deprivation of liberty. Such a finding did not give effect to the fundamental principle that a child's chronological age was not determinative about authority and capacity. The Court of Appeal allowed the local authority's appeal on that point.

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