Mustafa (a child), Re

Facts

Mustafa, born in 2010 and soon to turn 16, has Prader Willi syndrome and presents with developmental delay and additional learning needs. He moved to a specialist residential school in 2021, where he lives full-time, 52 weeks a year, in a regulated placement, and the London Borough of Brent obtained a full care order in respect of him in 2022. His confinement had been authorised by a deprivation of liberty order made by His Honour Judge Afzal CBE on 17 June 2025 and extended thereafter, most recently by Upper Tribunal Judge Keith on 11 June 2026. The order provided for locked external doors, the kitchen door locked at night, 1:1 support at all times with 2:1 where assessed as necessary, sharp implements kept out of reach, supervision of medication and constant supervision of personal care, together with a direction that any force or restraint used be the minimum required. On 4 June 2026 the local authority applied for a further extension, but later sought to withdraw that application, submitting that in light of the Supreme Court's decision in AGNI Mustafa was not deprived of his liberty. Unusually, the Guardian opposed withdrawal, contending that the frequency of physical restraint — some 48 recorded incidents since July 2025 — was inconsistent with Mustafa's rights under Article 5 of the European Convention on Human Rights.