We represented a child in complex High Court proceedings involving a Deprivation of Liberty Safeguards (DoLS) application.

The case concerned a teenager with highly complex needs, where the Local Authority sought long-term authorisation for restrictive care arrangements due to significant risks to the young person and others.

Our involvement insured that the child's wishes, welfare, and best interests remained central to the court's decision-making, resulting in a structured and positive outcome.

Background to the Case

The child was subject to a Care Order and had experienced an extensive history of placement instability, including multiple breakdowns across both registered and emergency placements.

The case involved:

• Repeated missing episodes from placements

• Incidents of aggression towards others

• Self-harm and high-risk behaviours

• Difficulty maintaining stable accommodation and routine

Due to the level of risk, the Local Authority applied to the High Court for Deprivation of Liberty authorisation to allow significant restrictions on the child's freedom in order to keep them safe.

Key Legal Issues in Deprivation of Liberty Proceedings

This was a legally and factually complex case requiring the court to carefully balance competing factors, including:

• Whether the deprivation of liberty was lawful, necessary, and proportionate

• The extent of restrictions, including 24/7 supervision and physical intervention

• The child's own wishes and feelings regarding restrictions

• The need for long-term placement stability and care planning

A key issue was that previous attempts to reduce restrictions had led to increased risk and placement breakdowns.

Our Role Representing the Child

Acting for the child, we ensured that their voice was properly heard throughout the proceedings.

Our work included:

• Representing the child's interests in High Court

• Working closely with the Children's Guardian

• Ensuring the court had clear evidence of the children's wishes and feelings

• Scrutinising the Local Authority's care plan and proposed restrictions

• Advocating for a balanced approach that promoted both safety and long-term development

• The child expressed mixed views, wanting greater independence, but also recognising the structure and safety their current placement provided.

Positive Progress in Placement

Despite earlier instability, progress was achieved in a specialist residential placement.

The young person:

• Built more positive relationships with care staff

• Engaged more effectively in education and structured activities

• Demonstrated improved emotional understanding

• Began to develop insight into their behaviour

Professionals agreed that stability was critical, and that frequent court reviews had previously contributed to anxiety and disruption.

Outcome in the High Court

The High Court ultimately approved a 12-month Deprivation of Liberty Order, representing a positive and practical outcome in the specific circumstances of the case.

The Order:

• Confirmed that the restrictions were necessary and proportionate

• Provided longer-term stability, reducing repeated court hearings

• Allowed flexibility, as the order was permissive rather than fixed

• Required a clear care plan focusing on:

  • Emotional regulation

  • Increasing independence

  • A structured step-down in restrictions

Importantly, the outcome reflected the child's own position that a longer order would reduce anxiety while allowing progress to continue, and this was supported by the parents too.

Our client was represented by Max Konarek, Partner and Joint Head of the Family & Childcare Department.