➡ From Child Welfare Information Gateway NJ:
United Kingdom: Guide to the law on deprivation of liberty of children
Community Care – July 14, 2016
There are likely to be a number of children and young people with disabilities who are deprived of their liberty without lawful authority in foster homes, children’s homes, care homes, residential special schools, boarding schools, further education colleges with residential accommodation, hospitals and elsewhere. They have rights under article 5 of the European Convention on Human Rights not to be deprived of their liberty without legal authorisation. However, the Deprivation of Liberty Safeguards only apply to people who are 18 and over. This is the last in a series of three linked articles on the law relating to deprivation of liberty from Belinda Schwehr that have been published in recent weeks. The first considered deprivations of liberty outside of the DoLS framework: http://www.communitycare.co.uk/2016/06/17/manage-deprivations-liberty-outside-dols-framework/ and the second provided guidance on applying the Supreme Court’s ‘acid test’, set out in the Cheshire West judgment: http://www.communitycare.co.uk/2016/07/01/guide-applying-law-deprivation-liberty/
http://www.communitycare.co.uk/2016/07/14/guide-law-deprivation-liberty-children/