Guidance issued for children's homes on deprivations of liberty

The guidance – which was issued last month – is summarised as follows:

• No application should be made to the Court of Protection in relation to any child under the age of 16 years old.
• Standard and urgent authorisations under Schedule A1 Mental Capacity Act have no application to children’s homes as they only apply to hospitals and care homes and only apply to those over the age of 18 years old.
• Orders of the Court of Protection authorising a deprivation of liberty by nonsecure children’s homes or residential special schools should not be sought or made and they should not be advanced or relied on to permit such homes and schools to act in breach of the Regulations that apply to them.
• The Mental Health Act guidance and other guidance may be relevant but do not override the regulations and guidance directed towards children’s homes and schools.

The guidance can be downloaded here.