A new era in legal protection for under 18s subject to a deprivation of liberty
The recent Practice Guidance issued in January 2025 provides a pivotal step in enhancing the legal framework for cases involving the deprivation of liberty (DoL) for individuals under the age of 18. This guidance, aimed at ensuring a smooth transition from the National DoL List for under 18s, to the adult Court of Protection process, provides crucial insights and procedural clarity for legal practitioners, families, and young individuals affected by these proceedings.
Key highlights
- Transition to the Court of Protection: The Practice Guidance emphasises that cases involving 16 and 17-year-olds should not be merely transferred to the Court of Protection, but fresh proceedings should be commenced to ensure that each case is thoroughly reviewed and considered under the appropriate legal framework.
- Procedural clarity: The guidance outlines the procedural steps necessary for transitioning cases, including the release of original papers from the previous DoL proceedings into the new Court of Protection proceedings. This aims to maintain continuity and ensure that all the relevant information is available for the new proceedings.
- Focus on welfare: A significant aspect of the guidance is its focus on the welfare of the young individuals involved. The guidance ensures that their rights and best interests are at the forefront of all proceedings, aligning with the overarching principles of the Court of Protection.
Implications for legal practitioners
Legal practitioners must familiarise themselves with the new guidance to effectively navigate the transition process. Understanding the procedural requirements and the emphasis on fresh proceedings will be crucial in ensuring that the rights of young individuals are upheld and that the legal process is both fair and thorough. By providing clear procedural directions and emphasising the welfare of young individuals, this guidance aims to ensure that the transition from the DoL List to the Court of Protection is handled with the utmost care and consideration.
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