The Legal Team have produced an updated DOLS Briefing in response to some recent court findings. A summary of the updated elements follows, and the full briefing is here:

• Following Court case Re D there has been an ongoing risk that there may be regimes in place for children which are a declaration of liberty, and unlawful without an application to court
• Re T found that Courts could authorise a DOLS placement be in an unregistered setting but only as a temporary solution in exceptional circumstances where there is no alternative and where the child is likely to come to grave harm if the court does not act. They also made it plain that Local Authorities should not readily rely on the consent of a child to their confinement whether Gillick Competent or over 16.
• Local Authorities will need to be ready for the coming into force of Liberty Protection Safeguards for 16 – 17-year olds who lack mental capacity.