Digitalpoppy.jpg
Solicitors: The CPD scheme is up to date with questions from the past year - 12 hours for £60. You could do all 12 hours in this CPD year, or save some until next year.
Everyone: An online forum is now available: visit the forum to see how it works and get involved.

Birmingham City Council v SR [2019] EWCOP 28

Deprivation of liberty during conditional discharge (1) Both patients supported but lacked capacity in relation to the proposed care plans, which involved deprivation of liberty concurrently with a conditional discharge, and those plans were in their best interests. (2) Obiter, the division in the MOJ's post-MM guidance (MCA DOL for incapacitous patients whose risk is to themselves, but MHA s17 leave for incapacitous patients whose risk is to others and for capacitous patients) did not withstand scrutiny as it is in patients' best interests to be kept "out of mischief" and therefore out of psychiatric hospital.

Note

The two cases in this judgment were (1) Birmingham City Council v SR and (2) Lancashire County Council v JTA, so sometimes this judgment gets called SR/JTA.

See also

Essex

This case has been summarised on page 27 of 39 Essex Chambers, 'Mental Capacity Report' (issue 96, July 2019).

CASES DATABASE

Full judgment: BAILII

Subject(s):

  • Deprivation of liberty🔍
  • Discharge conditions🔍

Date: 17/7/20🔍

Court: Court of Protection🔍

Judge(s):

Parties:

Cites:

Citation number(s):

What links here:

Published: 17/10/20 09:00

Cached: 2020-10-27 16:49:15