Ii) When leaving the Placement for planned activities, CC will always be accompanied by a member of staff In the event this is unsuccessful, police and the local authority would be notified In the event CC were to leave without supervision or permission, efforts would be made to encourage her to return to the Placement and to support her on a one-to-one basis. I) CC should be supervised by staff from the Placement at all times, with staff following her and keeping her in their line of sight should CC decide to leave the Placement without permission, or without staff. The judge noted that the local authority sought approval from the court for the following specific restrictions to be applied to CC: The judge, David Lock KC, was told by the council that if it it failed to secure a Deprivation of Liberty Safeguards (DOLS) order, it was fearful that the operator of the placement would be minded to serve notice to terminate the placement. The application was opposed by CC's mother and her Guardian, who submitted that there was no justification for depriving CC of her liberty whilst she is placed in the children’s home and that the only reason that the local authority was seeking the order was the concern that, absent an order, notice might be given to terminate the placement. The judge said a London borough had applied for authorisation of arrangements which have resulted in CC, a 15-year-old girl, being deprived of her liberty whilst she is residing at an Ofsted registered children's home (“the placement”) located in a rural area some distance out of London.
In CC (A Child), Re EWHC 2179 (Fam) (29 August 2023), Mr David Lock KC, sitting as a Deputy High Court judge, concluded: “I do not accept that the restrictions are objectively justified measured against the risks to CC from living without the restrictions, and the fact that she lives without the restrictions at the weekends.” A judge has refused a local authority’s application for authorisation of arrangements which have resulted in a teenage girl being deprived of her liberty whilst residing at a children's home.
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