DoLS for Children & Young People - A Guide for Family & Court of Protection Lawyers

Introduction

This webinar will consider what constitutes a deprivation of liberty (‘DoLS’) for children and young people, and how the relevant factors, and the jurisdictional framework, change as a child grows. There will be a discussion about the appropriate forum for applications when a child turns 16 years old, and the factors which should influence the decision to issue in the Inherent Jurisdiction of the High Court, Family Division, or in the Court of Protection. This will necessarily involve consideration of the tension between the test for capacity under the Mental Capacity Act 2005; the assessment of whether a child is competent to provide instructions and to make relevant decisions about their welfare; and the scope and authority of parental responsibility as a child grows, within the context of Article 5 applications.

There will also be reflections on the data produced by the National DOLs court, and how that data is influencing the approach of the courts in managing the increasing number of children whom are subject to deprivation of liberty applications.

What You Will Learn

This short webinar will cover the following:

• The difference between proceedings in the Court of Protection and under the Inherent Jurisdiction of the High Court
• Practical considerations prior to issue and when in proceedings, including transition from the Family Court to the Court of Protection, and transition from Children’s to Adult’s Services; disclosure; and expert assessments
• Case law update

This pre-recorded webinar will be available to view from Friday 15th August 2025

Alternatively, you can gain access to this webinar and 1,700+ others via the MBL Webinar Subscription. Please email webinarsubscription@mblseminars.com for more details.