This distressing case published yesterday was about EBY, a 17 year old victim of gang related violence and rape. The very serious risks to her safety led to a Deprivation of Liberty Order (DOLO) under the inherent jurisdiction. EBY was 'Gillick Competent' but the judge decided for various reasons including the positive duty under the European Convention on Human Rights (ECHR) that the DOLO was legally justified. He explained this below:
"...I am satisfied that EBY is currently at a real and immediate risk of death or life-threatening injury and of treatment crossing the Article 3 threshold of which the Local Authority and the Court are aware triggering a positive operational duty to take steps to protect her under both Articles 2 and 3. The only adequate and effective means of discharging that duty is by means of a DOLO which, for reasons I have given, is lawful as a matter of domestic law and complies with Article 5: see Re T, [174-177]. I would add that the fact EBY is a Gillick competent 17-year-old who is objecting to the making of a DOLO does not affect that conclusion."
To read the full case and the judge's reasons click here.
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