Re: QX (Parental Consent for Deprivation of liberty: Children under 16)
| Judge | His Honour Judge Burrows |
| Neutral Citation | [2025] EWHC 745 (Fam) |
| Court | Family Division |
| Year | 2025 |
| Counsel | Jonathan Buchan,Richard Hunt |
| Date | 31 March 2025 |
High Court approved Judgment:
QX (Parental Consent:
Deprivation of Liberty:
Children under 16)
Page 1
This judgment was delivered in private, but is approved by the Judge for publication.
However, any person who identifies QX or his family will be in contempt of court.
[2025] EWHC 745 (Fam)
Case No: FD25C40134
PR25C50035
IN THE HIGH COURT OF JUSTICE (FAMILY DIVISION)
& THE FAMILY COURT
Sessions House,
Lancaster Road,
PRESTON
Date: 31st March 2025
Before :
HIS HONOUR JUDGE BURROWS
Sitting as a High Court Judge (pursuant to s. 9(1) SCA’1981)
and as a Judge of the Family Court
- - - - - - - - - - - - - - - - - - - - -
Between :
BLACKBURN WITH DARWEN BOROUGH
COUNCIL
Applicant
-and-
(1) BM
-and-
(2) BF
-and-
(3) DM
-and-
(4) DF
-and-
(5) QX (a child)
(by his children’s guardian, Jade Waters)
Respondents
- - - - - - - - - - - - - - - - - - - - -
RE: QX (Parental Consent for Deprivation of liberty: Children under 16)
- - - - - - - - - - - - - - - - - - - - -
Jonathan Buchan (instructed by the Local Authority Solicitor) for the Applicant
Richard Hunt (instructed by Donald Race & Newton) for BM
Mark Blackburn (instructed byCartwright King)for BF
Michael Jones, K.C., & Kathryn Korol (instructed by Farleys ) forDM
Bansa Singh Hayer (instructed by Watson Ramsbottom) forDF
High Court approved Judgment:
QX (Parental Consent:
Deprivation of Liberty:
Children under 16)
Page 2
Peter Rothery (instructed byRoland Robinson & Fentons) forQX by the children’s
guardian.
Hearing date: 24 March 2025
- - - - - - - - - - - - - - - - - - - - -
APPROVED JUDGMENT
HIS HONOUR JUDGE BURROWS:
INTRODUCTION & SUMMARY
1.On 24 March 2025, I heard submissions in this case. I immediately told the parties
my decision, with a few additional comments by way of explanation. This
judgment, which will be handed down shortly after that hearing, focuses
particularly on one issue I had to deal with which gave me greatest concern, namely
parental consent for deprivation of liberty.
2.I am very grateful to leading counsel and counsel and those instructing them for
the detailed skeleton arguments I received, and the succinct additional oral
argument I heard. The parties were agreed as to the order I should make, and the
only push back came from me. Below I will explain why.
3.The issues I had to determine in this case are almost identical to those before me
in Lancashire County Council v PX [2022] EWHC 2379 (Fam) (“PX”). There, I
had to decide whether a care ordershould be made where those with parental
responsibility had asked the LA to accommodate and look after the child who had
serious mental health conditions that made him impossible for them to care for.
Furthermore, in the event that I did not make a care order, whether the child’s care
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