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The rights of children with mental disorders

Jenni Richards QC and Victoria Butler-Cole examine a recent case on the extent of parental consent to deprivation of liberty and consider the issue in relation to the use of seclusion in schools

23 February 2016

Later this year, the UN Committee on the Rights of the Child will examine the UK's record on protecting the rights of children. It will consider the report of the Equality and Human Rights Commission (EHRC) on the UK's progress in implementing the Convention on the Rights of the Child.

One of the areas in which the EHRC considers that there has been insufficient progress, or that there are emerging challenges in the realisation of children's rights, covers shortcomings in relation to children's mental health. The rights of children with mental disorders and disabilities have come under particular judicial scrutiny in recent months.

Deprivation of liberty

In the past year, the High Court and the Court of Protection have considered the case of D, a young person with diagnoses of Asperger's syndrome, attention deficit hyperactivity disorder, an...

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