We represented a child through their Children's Guardian in complex High Court proceedings concerning the use of Deprivation of Liberty (DoL) measures and transition to adulthood.

Background

The case concerned a highly vulnerable young person with significant and complex needs, including autism, emotional dysregulation and a history of self-harming behaviours. The child was subject to care proceedings and placed in a highly restrictive placement authorised by the High Court under its inherent jurisdiction.

Serious concerns arose due to the level of risk the young person posed to themselves. These included repeated attempts at self-harm, absconding to dangerous locations, and escalating emotional distress. As a result, a comprehensive package of restrictions was in place, including constant supervision, physical intervention where necessary, and environmental controls within the placement.

The proceedings were further complicated by the child approaching their 18th birthday, requiring urgent and robust planning for transition into adult services.

Key Issues

The court was required to determine:

• Whether the continued deprivation of liberty remained necessary and proportionate;

• Whether the restrictions in place represented the least restrictive option;

• The adequacy of the local authority's transition planning into adulthood;

• The young person's capacity to make decisions about their care and accommodation;

• Whether appropriate adult services and support arrangements were secured.

There were particular concerns about delays and uncertainty in identifying a suitable adult placement, creating a real risk of instability at a critical point in the young person's life.

Our Involvement

Acting on behalf of the Children's Guardian, we ensured that the young person's wishes and feelings were clearly put before the Court. Despite the challenges, the young person was able to articulate their anxieties, hopes, and aspirations; particularly around future independence, access to appropriate therapeutic support, and remaining close to family.

We:

• Carefully scrutinised the local authority's care plan and transition arrangements;

• Raised concerns regarding the adequacy and timing of capacity assessments;

• Advocated for a clear, funded, and workable transition pathway into adult services;

• Ensured that the Court remained focused on proportionality and the least restrictive options;

• Highlighted the importance of continuity, stability, and specialist support in adulthood;

Outcome

Through robust representation and effective collaboration between professionals, a positive and safe outcome was achieved:

• A fully funded adult care package was secured, including 24/7 supported accommodation with appropriate staffing levels;

• A planned transition to a suitable placement close to the young person's family was agreed;

• Clear arrangements were put in place to bridge the gap between the child turning 18 and the move to adult accommodation;

• The Deprivation of Liberty Order was allowed to expire appropriately upon the young person reaching adulthood, with future safeguards to be considered under the correct legal framework;

• The young person expressed optimism about the move and engagement with adult services.

Conclusion

This case highlights the importance of early and effective transition planning for vulnerable young people approaching adulthood, particularly where liberty-restricting measures are in place.

Our involvement ensured that the young person's voice remained central throughout proceedings and that a safe, structed and hopeful pathway into adulthood was achieved.

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