ECHR 70 - Child protection, consent and confinement: is article 5 jurisprudence in a head on collision with safeguarding?

Tuesday 10 November 2020

Amanda Weston KC

Hilka Hollmann

"Honestly, I really mean it. I won’t run away.” 

This webinar is brought to you by members of the Garden Court Court of Protection Team and Garden Court Family Team as part of a series of events to commemorate the 70th anniversary of the European Convention on Human Rights (ECHR).

Date: Tuesday 10 November 2020
Time: 1pm - 2:30pm
Venue: Online  
Cost: Free
Areas of Law: Court of Protection , Family Law

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This seminar, delivered by Amanda Weston QC and Mai-Ling Savage, of Garden Court Chambers, will discuss the development of article 5 jurisprudence on the deprivation of children’s liberty, the relevance of consent and Gillick competence and the law on the existence and use of secure accommodation in light of the recent Supreme Court case of ’T’.


Amanda Weston QC, Garden Court Chambers
Amanda is a leading Public Law barrister with an outstanding track record in complex, sensitive and contentious judicial review in a broad range of fields including minority and disability discrimination and civil liberties, community care and Court of Protection, prisoners’ rights, national security and unlawful detention, citizenship and statelessness, and immigration and asylum. She also takes on Inquiry work and advises on international and European public law matters.

Amanda has been at the forefront of developing legal strategies in uncharted areas of law. Groundbreaking cases include L1, deprivation of British citizenship and abuse of power; Neary, unlawful deprivation of liberty of a young autistic man; Whiston, release of prisoners on home detention curfew, and Taylor, an Article 3 challenge to G4S’ policy of using handcuffs on prisoners undergoing cancer treatment.

Amanda is ranked in four categories in Chambers and Partners as an expert in her field. Commentators describe her as “brilliant” legally and tactically, and she is renowned for being extremely bright, tenacious and determined to win the fight.

She is co-author of the accessible practitioner text ‘Judicial Review: A Practical Guide’, the current edition of which has recently been published by Lexis Nexis.

Mai-Ling Savage, Garden Court Chambers
Mai-Ling is a barrister at Garden Court Chambers focusing on the following areas: children's law, care proceedings, international family law, surrogacy and assisted reproduction, matrimonial finance and Court of Protection.

Mai-Ling is a specialist family practitioner, undertaking work on behalf of parents and local authorities in care proceedings often involving complex non-accidental injury (NAI), human rights claims, radicalisation, parental alienation, sexual abuse, factitious illness and vulnerable adults. She advises on judicial review and appears in the Court of Protection.

Mai-Ling’s practice encompasses all aspects of matrimonial finance, trusts and cohabitation disputes. Her Children Act work includes residence and contact disputes, particularly leave to remove applications, disputes between same-sex couples. She has expertise in all aspects of ‘modern families’ including cases involving surrogacy and the Human Fertility and Embryology Act.

Mai-Ling has also acted in cases involving adults with learning disabilities, adults with acquired brain injury and people with dementia [including disputes about residence or contact with family members]. She is instructed by the Official Solicitor, individuals and local authorities.

Mai-Ling was involved in setting up the first FGM legal advice clinic with FORWARD UK and was shortlisted for the Bar Pro Bono Award in recognition of her work in respect of this project.

Hilka Hollmann, Partner, Freemans Solicitors
Hilka specialises in international and domestic adoptions and surrogacy, and all aspects of international and domestic children law, including the international movement of children, abductions, jurisdictional disputes, and complex care proceedings, often involving the most serious allegations of sexual abuse, non-accidental injuries, factitious illness and radicalisation. She is ranked in legal directories as a ‘Next Generation Partner’ and noted ‘for her knowledge of international adoption and surrogacy issues’ and ‘razor sharp mind’.

Hilka is on the Law Society’s Children Panel and regularly represents children within court proceedings, either through their children’s guardian or directly. She is a member of the Association of Lawyers for Children, Coram BAAF – the British adoption and fostering organisation, the Child Abduction Lawyers’ Association, Resolution and is a Resolution accredited adoption and child abduction specialist. Hilka was also one of the co-authors of Resolution’s response to the Law Commission’s consultation on proposed changes to the current surrogacy law. Hilka won the prestigious Jordan’s Family Law Associate of the Year award in 2015.


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