Sophia Roper KC successfully acts on behalf of the Children’s Guardian in the Court of Appeal
1st May 2025
Sophia Roper KC successfully acted on behalf of the Children’s Guardian in an appeal which has conclusively established that a local authority cannot, by virtue of a care order, give valid consent to the confinement of a child which it has placed in circumstances depriving him of his liberty, reversing the decision of Lieven J in the High Court to the contrary. In doing so, the court set out important principles relating to Article 5 of the European Convention on Human Rights which will have application beyond the scope of family law proceedings: J v Bath and North East Somerset Council & Ors [2025] EWCA Civ 478.
Sophia led Libby Harries of Albion Chambers, Bristol, in this significant appeal, ultimately supported by all other parties and four interveners, including the Secretary of State for Education. At first instance Lieven J had held that the local authority could give consent to the arrangement for J’s care and that his situation did not fall within the scope of Article 5 at all, depriving him of all the protections to which he was entitled under the ECHR: Re J : Local Authority consent to Deprivation of Liberty [2024] EWHC 1690 (Fam).
King LJ stated: “Put simply, in order to satisfy the requirements of Art 5, there must be an independent check on the State’s power to detain. The local authority is an organ of State which, albeit acting in their best interests, is confining the child. The second limb of Storck requires there to be valid consent to that confinement. It is as Ms Roper submitted, inconsistent with Art 5 for that organ of State to ‘both create the conditions in which a vulnerable person is confined and then to be able to give valid consent [to that confinement] so as to remove the case from Art 5.’”
Sophia and Libby were instructed by Ruth Slader of Daniel Woodman on behalf of the Children’s Guardian.
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