*Birmingham City Council v D and another

Mental health – Persons who lack capacity. The Court of Protection held that the parent of a 16 year old young person could not consent to their confinement which, absent a valid consent, would amount to a deprivation of that young person's liberty for the purposes of art 5 of the European Convention on Human Rights and that it was for the local authority to protect a young person's right in such circumstances by applications to court to determine whether that young person was deprived to his liberty, is so, to seek authorisation for its continuance.

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