Supreme Court Judgement - R v D 2019

The judgement relates to a case dating from 2015 about a then 15 year old child, Child D, who had Asperger’s syndrome, ADHD and Tourette’s syndrome, as well as a mild learning disability. He had been cared for at home by his family until his needs increased and he was admitted to a psychiatric hospital when he was 14. The Supreme Court has held that parents of a 16 or 17 year old cannot consent to them being deprived of their liberty. This case is particularly important as it provides a clear legal ruling and additional guidance on the deprivation of liberty of 16 and 17 year olds. Following the Mental Capacity (Amendment) Act coming into force in 2019, a new system will be implemented to safeguard an individual’s liberty where they may lack the capacity to consent to a deprivation of their liberty.