Category

Deprivation of liberty

The pages below are initially ordered according to the dates on which they were added to the site (most recent first). The order can be changed by clicking on the symbol beside a column heading: click on the symbol beside "Page and summary" for alphabetical order; click beside "Categories" for the order in which the cases were reported. Click on the arrow symbol again to reverse the order. Click on a page name to view the relevant page.
Page and summaryDate added to siteCategories
Re NS (Inherent jurisdiction: patient: liberty: medical treatment) [2016] NIFam 9, [2016] MHLO 61 — "This case relates to an elderly lady, NS. She has been represented by the Official Solicitor (OS) throughout these proceedings. ... The case therefore first came to court when the Trust sought to place NS in a residential facility after the hospital admission in May 2016. This was at a time when a stay in hospital was no longer required. The issue in the case was really whether NS should be discharged to a residential facility or to the care of MS with a care package. ... This case therefore involves consideration of a number of questions which I summarise as follows: (i) Is the patient incapable of making a decision regarding the particular issue put before the court? (ii) If so is the plan/treatment proposed in the best interests of the patient? (iii) Is the intervention necessary and proportionate pursuant to Article 8 of the ECHR? (iv) If the plan involves a deprivation of liberty under Article 5 of the ECHR should that be authorised by the court and if so under what terms ..→2017-02-232016 cases, Deprivation of liberty, No summary, Northern Irish cases, Transcript
Belfast Health and Social Care Trust v PT [2017] NIFam 1, [2017] MHLO 7 — "The court considers that four questions need to be addressed in this [Northern Irish] case: (a) Does PT lack capacity? (b) Is there a gap in the existing legislation, thereby permitting the exercise of the inherent jurisdiction? (c) Is the care plan in PT’s ‘best interests’? (d) Is the care plan compliant with the ECHR? ... There is therefore no difference between the statutory test and the existing common law tests. Hence, in determining the capacity of PT in respect of welfare matters, the court can apply the test set out in the Mental Capacity Act 2005, even though that legislation does not apply in Northern Ireland, as it is in line with the existing common law tests. ... I find that PT lacks capacity to litigate, to make decisions about his care and residence and about whether to leave the home unescorted. ... Therefore, it is clear there is a lacuna or ‘gap’ in the 1986 Mental Health (NI) Order and as a result, a care plan which involves a deprivation of the liberty ..→2017-02-232017 cases, Deprivation of liberty, No summary, Northern Irish cases, Transcript
AP v Tameside MBC [2017] EWHC 65 (QB), [2017] MHLO 4 — "The essence of the claim under Article 5 is that the Claimant was unlawfully deprived of his liberty between the 1st of February 2011 and the 12th of August 2013, a period of some two and a half years. ... In the present case the extension period sought (18 months) represents an extension equal to the whole of the primary limitation period (12 months) and half as much again. ... For all these reasons I decline to grant the Claimant an extension of time under section 7 to bring his human rights claim against the Defendant." 2017-02-022017 cases, Deprivation of liberty, No summary, Transcript, Unlawful detention cases
R (Ferreira) v HM Senior Coroner for Inner South London [2017] EWCA Civ 31, [2017] MHLO 2 — "On 7 December 2013, Maria Ferreira, whom I shall call Maria and who had a severe mental impairment, died in an intensive care unit of King's College Hospital, London. The Senior Coroner for London Inner South, Mr Andrew Harris, is satisfied that there has to be an inquest into her death. By a written decision dated 23 January 2015, which is the subject of these judicial review proceedings, the coroner also decided that he did not need not to hold the inquest with a jury. ... A coroner is obliged to hold an inquest with a jury if a person dies in 'state detention' for the purposes of the Coroners and Justice Act 2009. The appellant is Maria's sister, Luisa Ferreira, whom I will call Luisa. She contends that, as a result of her hospital treatment, Maria had at the date of her death been deprived of her liberty for the purposes of Article 5 of the European Convention on Human Rights and that accordingly Maria was in 'state detention' when she died. ... In my judgment, the coroner's ..→2017-01-262017 cases, Deprivation of liberty, Inquests, No summary, Transcript
SSJ v Staffordshire County Council and SRK [2016] EWCA Civ 1317, [2016] MHLO 55 — "The issue in this case is whether, in order for the United Kingdom to avoid being in breach of Article 5(1) of the European Convention on Human Rights, it is necessary for a welfare order to be made by the Court of Protection pursuant to the Mental Capacity Act 2005 in a case where an individual, who lacks the capacity to make decisions about where to live and the regime of care, treatment and support that he should receive, is to be given such care, treatment and support entirely by private sector providers in private accommodation in circumstances which, objectively, are a deprivation of his liberty within the meaning of Article 5(1) of the Convention." 2016-12-272016 cases, Deprivation of liberty, No summary, Transcript
JMCA v The Belfast Health and Social Care Trust [2014] NICA 37, [2014] MHLO 147 — "Treacy J held that the supervision of this appellant was with legal authority and lawful and that the 1986 Order did authorise the guardian to take the impugned measures in the circumstances of this case. Subsequent to his decision the Supreme Court examined the concepts of deprivation of liberty and restriction of liberty in the case of patients suffering from mental health difficulties in Cheshire West and Chester Council v P [2014] UKSC 19, [2014] MHLO 16. It is unnecessary for us to set out the facts or reasoning in that decision. It is, however, now accepted by the Trust that the guardianship order did not provide any mechanism for the imposition of any restriction on the entitlement of the appellant to leave the home at which he was residing for incidental social or other purposes. ... Mr Potter on behalf of the appellant in this case recognised that this left a lacuna in the law. That gap had been filled by Schedule 7 of the Mental Health Act 2007 in England and Wales ..→2016-11-292014 cases, Deprivation of liberty, No summary, Northern Irish cases, Transcript
Re NS (Inherent jurisdiction: patient: liberty: medical treatment) [2016] NIFam 9, [2016] MHLO 49 — "The applications are brought to the court under the inherent jurisdiction of the High Court [in Northern Ireland]. The Trust sought a declaratory order in June to move NS from a hospital to a care home. This was opposed by MS who said that he could care for NS. However, the Trust and the Official Solicitor acting on behalf of NS felt that she would only receive the appropriate care and treatment befitting her needs in the care home. The test in relation to this has been set out by Mr Potter in a skeleton argument. He articulates this as a two-fold test, namely: (a) whether or not NS has the capacity to provide a legally valid consent to the proposed care and treatment; and (b) that the proposed care and treatment is necessary and in her best interests. The consideration of this case falls within the common law jurisdiction." 2016-11-292016 cases, Deprivation of liberty, No summary, Northern Irish cases, Transcript
P v A Local Authority [2015] MHLO 140 — "This is an application by P (the Applicant) acting through his litigation friend, the Official Solicitor, for an order under section 21A of the Mental Capacity Act 2005 (MCA) discharging the standard authorisation made on 24 June 2015 which authorises a deprivation of liberty in his current accommodation (the placement)." 2016-11-242015 cases, Deprivation of liberty, No summary, Transcript
GW v Gloucestershire County Council [2016] UKUT 499 (AAC), [2016] MHLO 45 — "This appeal is brought with the permission of the First-tier Tribunal against the decision of that tribunal refusing to discharge the patient from guardianship. She was first received into guardianship on 8 January 2013 and the Court of Protection first made a Standard Authorisation on 14 February 2015. The essence of the case before both the First-tier Tribunal and the Upper Tribunal is that the former was no longer necessary in view of the latter." 2016-11-122016 cases, Deprivation of liberty, No summary, Transcript, Upper Tribunal decisions
Staffordshire County Council v SRK [2016] EWCOP 27, [2016] MHLO 36 — "This case concerns an individual SRK who was severely injured in a road traffic accident. The effects of those injuries are that (a) he lacks capacity to make decisions on the regime of care, treatment and support that he should receive (SRK's care regime), and (b) applying the approach in Cheshire West (see Surrey County Council v P and others; Cheshire West and Chester Council v P and another [2014] UKSC 19, [2014] AC 896), SRK's care regime creates, on an objective assessment, a deprivation of liberty. SRK was awarded substantial damages that were paid to his property and affairs deputy (the third Respondent IMTC). He lives at a property that has been bought and adapted for him. His regime of care and support there is provided by private sector providers. The damages funded that purchase and adaptation and fund that regime of care. The issue is whether this situation on the ground is a deprivation of liberty that has to be authorised by the Court of Protection (the COP) by it ..→2016-09-252016 cases, Deprivation of liberty, ICLR summary, Transcript
Re JM [2016] EWCOP 15, [2016] MHLO 31 — "These five cases are examples of cases in which the procedure to be adopted by the Court of Protection (COP) was left open in my judgment in Re NRA [2015] EWCOP 59, [2015] MHLO 66. That judgment contains the references to the decision of the Supreme Court in Cheshire West and Chester Council v P [2014] UKSC 19, [2014] MHLO 16 and of the President and the Court of Appeal in Re X (Court of Protection Practice) [2015] EWCA Civ 599, [2015] MHLO 44, which are the essential background to NRA. In short, the five cases were chosen as cases in which it was thought that there was no family member or friend who could be appointed as a Rule 3A representative. That is no longer the position in VE and my reference to the test cases in this judgment are to the remaining four." 2016-08-312016 cases, Deprivation of liberty, ICLR summary, No summary, Transcript
North Yorkshire County Council v MAG [2016] EWCOP 5, [2016] MHLO 26 — "I have had little difficulty in reaching the conclusion that the applications for permission should be granted and the appeals allowed. ... This appears to be a case in which DJ Glentworth uncharacteristically appears to have allowed her understandable concern about MAG's living circumstances, and her palpable frustration at what she saw as NYCC's tardiness in resolving his accommodation issues, to distract her from following a clear path to outcome. The result is one which I consider is unsupportable, and wrong. Picking six key themes from the arguments, I divide my discussion of the judgment into the following sub-headings: (i) Did the judge ask herself the correct question(s)? (ii) The effect of Re MN on these facts; (iii) Has there has been a breach of Article 5? (iv) Taking a decision which MAG could not take for himself; (v) No alternative option; impermissible pressure; (vi) The factual findings." 2016-08-292016 cases, Deprivation of liberty, No summary, Transcript
Re Daniel X [2016] EWFC B31, [2016] MHLO 16 — "This is the final hearing of the care proceedings brought by Thurrock Borough Council in relation to Daniel X, a boy of 10. ... It is also the final hearing of the application by Thurrock Borough Council for me to authorise them to deprive Daniel of his liberty by accommodating him in Y Home. ... The outstanding issue is that of Daniel's liberty, and there is a great deal of consensus on this point too. However, it has been agreed at the bar that it would be helpful if I set out the position in law and how I consider the law applies to Daniel." 2016-05-132016 cases, Deprivation of liberty, No summary, Transcript
Re Z (Recognition of Foreign Order) [2016] EWHC 784 (Fam), [2016] MHLO 11 — "This judgment considers the exercise of the court's powers under the inherent jurisdiction to recognise and enforce orders concerning the medical treatment of children made by courts of another member state of the European Union. On 4 March 2016, I made an interim order in respect of a girl, Z, who lives in the Republic of Ireland, declaring that orders made by the High Court of Ireland on 2 March 2016 should stand as orders of this court, thereby permitting emergency admission for treatment in a hospital in this country. At a hearing on is notice on 23rd March, I made a further interim order to that effect. This judgment set out the reasons for those orders." 2016-04-082016 cases, Deprivation of liberty, ICLR summary, Transcript
A Local Authority v M [2015] EWCOP 69, [2015] MHLO 135 — This judgment dealt with various issues including deputyship, deprivation of liberty, and disclosure. 2016-02-082015 cases, Deprivation of liberty, Deputyship cases, No summary, Transcript
Birmingham City Council v D [2016] EWCOP 8, [2016] MHLO 5 — (1) A parent cannot consent to the confinement (i.e. the objective element of Article 5 deprivation of liberty) of a child who has attained the age of 16. (2) The confinement was imputable to the state despite the accommodation being provided under s20 Children Act 1989, as the local authority had taken a central role; in any event, even if D's confinement were a purely private affair the state would have a positive obligation under Article 5(1) to protect him. (3) The judge did not resile from his previous judgment that D's parents could consent to his confinement in hospital when he was under 16. 2016-01-312016 cases, Brief summary, Deprivation of liberty, ICLR summary, Transcript
Somerset v MK [2014] EWCOP B25, [2014] MHLO 146 — "What I intend to do in it is to set out the history of the case and then of the litigation. Then I will deal with the factual issues upon which I have been asked by the local authority to make findings. I will then deal with the central issue in the case, that of where in her best interests should (P), the subject of this application, live. Next I will consider the conduct of the local authority and make findings on the issues as to whether P had been wrongly deprived of her liberty and, if she had, how long did that go on for; and finally what, if any, lessons can be learned from this case. ... These findings illustrate a blatant disregard of the process of the MCA and a failure to respect the rights of both P and her family under the ECHR. In fact it seems to me that it is worse than that, because here the workers on the ground did not just disregard the process of the MCA they did not know what the process was and no one higher up the structure seems to have advised them ..→2015-12-222014 cases, Best interests, Deprivation of liberty, No summary, Transcript
Health Service Executive of Ireland v CNWL [2015] EWCOP 48, [2015] MHLO 119 — "Must an adult who is the subject of an application under Schedule 3 to the Mental Capacity Act 2005 to recognise and enforce an order of a foreign court that deprives the adult of his or her liberty be joined as a party to the application?" 2015-12-212015 cases, Deprivation of liberty, No summary, Other capacity cases, Transcript
Bournemouth Borough Council v PS [2015] EWCOP 39, [2015] MHLO 112 — "In this case I have to decide (i) whether the package of care provided to BS ('Ben') is in his best interests; (ii) whether that package amounts to a deprivation of liberty within the terms of Article 5 of the European Convention on Human Rights 1950; and (iii) what contact Ben should have to his mother, the first respondent. ... In the circumstances, in what I suppose will be one of the last orders of its kind to be made, I directed that Ben be discharged as a party. I was wholly satisfied that his voice has been fully heard through the IMCA Katie Turner. Further, in relation to the question of deprivation of liberty, all relevant submissions have been fully put on both sides of the argument by counsel for the applicant and the first respondent. There was no dispute between the applicant and the first respondent concerning issues (i) and (iii). The argument was centrally about the question of deprivation of liberty. ... I cannot say that I know that Ben is being detained by the ..→2015-12-212015 cases, Deprivation of liberty, No summary, Transcript
MM v WL Clinic [2015] UKUT 644 (AAC), [2015] MHLO 103 — (1) For the purposes of Article 5, a restricted patient with the capacity to do so can give a valid and effective consent to conditions of a conditional discharge that when implemented will, on an objective assessment, create a deprivation of liberty. (2) In determining whether to discharge conditionally, the tribunal has to consider whether the consent is freely given and (as raised in KC at [134-139]) consider any practical problems arising from the ability to withdraw consent. (3) MM's case was remitted to the First-tier Tribunal with a direction that it apply the decisions in KC and this case. 2015-11-262015 cases, Brief summary, Deprivation of liberty, MHLR summary, Powers, Transcript, Upper Tribunal decisions
A Local Health Board v AB [2015] EWCOP 31, [2015] MHLO 95 — "I conclude that: (a) AB lacks capacity to conduct these proceedings herself. (b) AB lacks capacity to make her own decisions about whether to consent to medical treatment for her cardiac condition including dental surgery. (c) Insofar as the jurisdiction of the court is excluded because of the operation of the MHA and MCA, the inherent jurisdiction should be exercised to grant a declaration that it is lawful and in AB's interests to have the proposed medical treatment administered by the Applicant to her. (d) The inherent jurisdiction should be exercised to grant a declaration that it is lawful and in her best interests for AB to be deprived of her liberty to travel to and to remain at the hospital for the proposed medical treatment but that such physical and/or chemical restraint as may be required to deliver the treatment shall bear in mind the need to maintain her dignity to the maximum extent reasonably possible." (Caution: in relation to paragraph [54], on the MCA eligibility ..→2015-11-132015 cases, Best interests, Deprivation of liberty, No summary, Transcript
A Hospital NHS Trust v CD [2015] EWCOP 74, [2015] MHLO 94 — CD was willing to have the total abdominal hysterectomy, in order to remove two very large ovarian growths, which the medical experts recommended. (1) Mostyn J held that she lacked capacity in relation to this but that it was in her best interests to have the surgery. (2) The correct way to interpret the MCA ineligibity rules is as follows: "if the MHA regime whereby CD is compulsorily detained in a mental hospital imposes a specific requirement for dealing with the problem of the ovarian masses then CD is ineligible to be deprived of her liberty under the 2005 Act for the purposes of dealing with the problem by a different procedure under that Act. It doesn't (obviously) so she isn't ineligible." (3) In relation to deprivation of liberty the judge noted: "In KW & Ors v Rochdale Metropolitan Borough Council [2015] EWCA Civ 1054 at para 32 the Court of Appeal stated 'even if Cheshire West is wrong, there is nothing confusing about it'. It may seem that way from the lofty heights of ..→2015-11-132015 cases, Best interests, Brief summary, Deprivation of liberty, Transcript
An NHS Trust v A [2015] EWCOP 71, [2015] MHLO 91 — A patient detained under MHA 1983 s3 was not ineligible to be deprived of his liberty in a general hospital under the MCA 2005 for the purpose of physical treatment (and the previous case on this point, A Local Health Board v AB [2015] EWCOP 31, [2015] MHLO 95, should be read as if the judge accidentally omitted a negative and inadvertently and mistakenly stated the law wrongly). 2015-11-122015 cases, Brief summary, Deprivation of liberty, Transcript
Re KW [2015] EWCOP 53, [2015] MHLO 88 — "DW objects to the deprivation of liberty and made the application to the Court of Protection on 5th December 2014 pursuant to Section 21A of the Mental Capacity Act 2005 to challenge the purpose of the standard authorisation. The application was made on the following grounds: (a) LCC failed to make an application to the Court of Protection (despite the recommendations of the Ombudsman). (b) LCC failed to take reasonable steps to plan a move for KW to a more suitable placement, closer to her family and KW has suffered distress as a result. (c) It is not in KW's best interests to be deprived of her liberty at R H therefore one of the qualifying requirements of Schedule 1A is not satisfied." 2015-10-312015 cases, Deprivation of liberty, No summary, Transcript
P v Surrey County Council [2015] EWCOP 54, [2015] MHLO 87 — "The issues for me to determine are these: (i) Was P's detention at the care home between 5 September 2014 and 23 December 2014 lawful or was it in breach of Article 5 and/or Article 8? (ii) If P's detention during that period was unlawful or in breach of Article 5, does a right to compensation or damages arise and, if so, how much? No claim for compensation or damages is in fact pursued. (iii) Was P's detention at the care home between 23 December 2014 and the date of cessation of detention lawful pursuant to a properly-made standard authorisation? If not, was it in breach of his Article 5 and/or Article 8 rights? (iv) Does a right to compensation or damages arise and, if so, how much? No claim for compensation or damages is in fact pursued." 2015-10-312015 cases, Deprivation of liberty, No summary, Transcript
Re P (Application for Secure Accommodation Order) [2015] EWHC 2971 (Fam), [2015] MHLO 77 — "In my judgment it is clear that the restrictions imposed by reg. 5(2) on making a secure accommodation order under s.25 in respect of a child over the age of 16 are limited to children who are accommodated as a matter of discretion under s.20(5) and do not extend to children who are accommodated as a matter of duty under s.20(3). Where a looked-after child aged between 16 and 18 is accommodated under s.20(3) of the Children Act 1989 the court has the power to make her the subject of a secure accommodation order under s.25. It follows, therefore, that in this circumstances of this case it is appropriate that the local authority's application for a secure accommodation order be adjourned generally with liberty to restore should circumstances arise in which it considers it appropriate to do so." 2015-10-302015 cases, Deprivation of liberty, No summary, Transcript
Re AB (A child: deprivation of liberty) [2015] EWHC 3125 (Fam), [2015] MHLO 74 — "There is a large measure of agreement between the parties on the relevant factual matrix and the legal principles applicable to the issues I am asked to determine, namely: (1) Whether AB is deprived of his liberty at X. (2) If so, are the parents and/or the local authority entitled to consent to the same? (3) If not, whether the court will sanction the deprivation of liberty and, if so, under what provision, power or jurisdiction? (4) Whether it would be appropriate to give guidance on the approach to, and conduct of, similar cases." 2015-10-302015 cases, Deprivation of liberty, ICLR summary, Transcript
Rochdale MBC v KW [2015] EWCA Civ 1054, [2015] MHLO 71 — (1) The judge (in his second decision) had misinterpreted the consent order (on appeal from his first decision) when he said that the Court of Appeal had not decided that KW was being deprived of her liberty. Therefore, this second appeal would be allowed. (2) The judge was also wrong to say that the Court of Appeal had taken "a procedurally impermissible route" so that its decision was "ultra vires". An order of any court is binding until it is set aside or varied: it is futile and inappropriate for a judge to seek to undermine a binding order by complaining that it was ultra vires or wrong for any other reason. In any event, the consent order was made by a procedurally permissible route: the appeal court has a discretion to allow an appeal by consent on the papers without determining the merits at a hearing if it is satisfied that there are good and sufficient reasons for doing so. If the appeal court is satisfied that (i) the parties' consent to the allowing of the appeal is ..→2015-10-232015 cases, Deprivation of liberty, ICLR summary, Transcript
North Yorkshire County Council v MAG [2015] EWCOP 64, [2015] MHLO 69 — The Council sought a declaration that it was in MAG's best interests (a) to be deprived of his liberty and reside in his current placement, and (b) for the Corporate Director of Health and Adult services to enter into a tenancy agreement on MAG's behalf in relation to the current placement. (1) The reference in Re MN (An Adult) [2015] EWCA Civ 411, [2015] MHLO 41 to the ability of the Court of Protection to explore the care plan put forward by a public authority and the inability of the Court to compel a public authority to agree to a care plan which it is not willing to implement does not apply when the issue is the right to liberty under Article 5. (2) The placement at which MAG had been deprived of his liberty for 9 years did not meet his needs (for instance, there was insufficient room to manoeuvre a wheelchair indoors, so he had to mobilise on his hands and knees causing physical problems including bursitis and a recurring fungal infection in his thigh) and the council ..→2015-10-072015 cases, Brief summary, Deprivation of liberty, Transcript
Re NRA [2015] EWCOP 59, [2015] MHLO 66 — "I have ten cases before me seeking welfare orders under s. 16(2)(a) of the Mental Capacity Act 2005 (the MCA). The welfare orders are sought to authorise the deprivation of liberty that, it is common ground, is being, or will be, created by the implementation of the regime of care, supervision, control and support (the care package) upon which the welfare orders are based. If it had been thought that the care packages did not result in a deprivation of liberty it is highly likely that the relevant public authorities would have relied on s. 5 of the MCA and no application to the Court of Protection would have been made. When the cases were transferred to me they were regarded as test cases on the directions that should be given for their determination and in particular on whether the subject of the proceedings (P) should be a party." 2015-09-302015 cases, Deprivation of liberty, No summary, Transcript
SSJ v KC [2015] UKUT 376 (AAC), [2015] MHLO 49 — (1) A conditional discharge may include conditions which will, on an objective assessment, give rise to a deprivation of liberty, if that deprivation of liberty is authorised under the MCA. (2) (Obiter) The same conditions would be lawful for a patient with capacity who gives real consent since this would mean there is no Article 5 deprivation of liberty. 2015-07-152015 cases, Brief summary, Deprivation of liberty, Transcript, Upper Tribunal decisions
Re MOD (Deprivation of Liberty) [2015] EWCOP 47, [2015] MHLO 48 — Nine cases which had been issued under the Re X streamlined procedure were listed for directions before DJ Marin. (1) One case (ML) would require a best interests hearing so never really belonged in the Re X procedure, but orders under the Re X procedure would or would potentially have been made in the other cases. (2) The Court of Appeal in Re X had (obiter, and without referring to new rule 3A) decided that P should be a party in every deprivation of liberty case. (3) Party status would entail the need for a litigation friend but, except for an IMCA in one case (MOD), no-one suitable had been identified: (a) in most of these cases, the family may be said to have an adverse interest to the person concerned; (b) there must be a question in every case as to whether family members have the required expertise; (c) the Official Solicitor refused to act as his COP Health & Welfare team was already "fire-fighting" at an unsustainable level owing to budgetary constraints; (d) IMCAs in one ..→2015-07-122015 cases, Brief summary, Deprivation of liberty, Transcript
Re X (Court of Protection Practice) [2015] EWCA Civ 599, [2015] MHLO 44 — This case concerned the hearings arranged by Munby LJ, the President of the Court of Protection, in relation to devising a streamlined and minimally Article 5 compliant process for the anticipated higher numbers of court applications following Cheshire West. (1) Whether the Court of Appeal has jurisdiction to hear an appeal from the Court of Protection depends on whether there was a "decision" (MCA 2005 s53), which must mean a decision determining an issue arising between parties (involving or about the person concerned) rather than decision made on a hypothetical basis. (2) The President's judgments contained no appealable "decision" as the relevant issues had not arisen in the appellants' cases. (2) (Obiter) In theory the person concerned need not always be a party to deprivation of liberty proceedings if his participation can reliably be secured by other means, but given the tools presently available in our domestic procedural law, the person concerned must always be a party, ..→2015-06-172015 cases, Deprivation of liberty, Detailed summary, Transcript
KD v A Borough Council [2015] UKUT 251 (AAC), [2015] MHLO 42 — "Permission to bring this appeal was granted by the First-tier Tribunal (the FTT) because in the view of the judge it raises points upon which guidance is needed. Those points concern the relationship between the functions and powers of the FTT under the Mental Health Act 1983 (the MHA) and those of the Court of Protection, managing authorities and supervisory bodies under the Mental Capacity Act 2005 (the MCA) and its Deprivation of Liberty Safeguards (DOLS). The most relevant provisions of the MHA in this case are those relating to guardianship." This judgment includes guidance under the headings "The approach to be taken by the parties and the FTT on an application to discharge a guardianship under s. 72 of the MHA on the basis that an alternative has the consequence that the guardianship is no longer necessary as it is not the least restrictive way of achieving what is in the patient’s best interests" and "A check list for FTT’s when an issue involving an argument that an ..→2015-06-082015 cases, 39 Essex Chambers summary, Deprivation of liberty, Transcript, Upper Tribunal decisions
W City Council v Mrs L [2015] EWCOP 20, [2015] MHLO 35 — "This hearing concerns a 93-year old lady with a diagnosis of severe dementia, Alzheimer's disease. She lives in her own home, with care and safety arrangements set up for her between her adult daughters and the Local Authority. This simple scenario raises the following issues: (a) whether the care arrangements for the lady (Mrs L) constitute a deprivation of her liberty; (b) if so, then whether the State is responsible for such deprivation of liberty; and (c) if so, then whether such deprivation of liberty should be authorised by the court and what the arrangements for continuing authorisation should be." 2015-04-162015 cases, Deprivation of liberty, No summary, Transcript
NM v Kent County Council [2015] UKUT 125 (AAC), [2015] MHLO 34 — NM was subject to both guardianship and a DOLS authorisation. His residence at a particular home was enforced and he was escorted while on leave. The First-tier tribunal decided that he "had the capacity to decide where to live but not the capacity to decide on the supervision that was required to keep him and any child he came into contact with safe", and that he would not remain in the home without being subject to the guardianship; it refused to discharge him. (1) An ideal set of reasons would identify the relevant legal differences between guardianship and DOLS and include findings of fact sufficient to show their significance to the legal criteria set out in s72(4). (2) Upper Tribunal Judge Jacobs accepted the council's position that the differences include: DOLS assumes that the person lacks capacity to make the relevant decisions in their best interests; DOLS cannot impose a requirement that the person reside at a particular address, whereas a guardian can; and DOLS ..→2015-04-102015 cases, Brief summary, Deprivation of liberty, Transcript, Upper Tribunal decisions
Re D (A Child: deprivation of liberty) [2015] EWHC 922 (Fam), [2015] MHLO 33 — "I am satisfied that the circumstances in which D is accommodated would amount to a deprivation of liberty but for his parents' consent to his placement there. I am satisfied that, on the particular facts of this case, the consent of D's parents to his placement at Hospital B, with all of the restrictions placed upon his life there, falls within the 'zone of parental responsibility'. In the exercise of their parental responsibility for D, I am satisfied they have and are able to consent to his placement. In the case of a young person under the age of 16, the court may, in the exercise of the inherent jurisdiction, authorise a deprivation of liberty." 2015-03-312015 cases, Deprivation of liberty, No summary, Transcript
Rochdale MBC v KW [2015] EWCOP 13, [2015] MHLO 24 — (1) The Court of Appeal's decision to allow an appeal against the judge's earlier decision (that KW was not being deprived of her liberty at home) by consent, and without an oral hearing or judgment, was procedurally impermissible. (2) Although the Court of Appeal had set aside the decision, it had not actually declared that KW was deprived of her liberty: therefore, her status will be in limbo until the judge decides the matter at an oral 12-month review hearing. (3) The provisions for a review on the care plan becoming more restrictive would only be triggered if the changes amount to bodily restraint comparable to that which obtained in Cheshire West, as any restrictions short of that would amount to no more than arrangements for her care in her own home and would not amount to state detention. (4) The judge concluded that: "In this difficult and sensitive area, where people are being looked after in their ..→2015-03-242015 cases, Brief summary, Deprivation of liberty, Transcript
R v Vowles; R (Vowles) v SSJ [2015] EWCA Crim 45, [2015] EWCA Civ 56, [2015] MHLO 16 — "There are before the court: (1) Sitting as the Court of Appeal Criminal Division six cases where indeterminate sentences (either imprisonment for public protection (IPP) or a life sentence) had been passed between 1997 and 2008. Each specified a minimum term. In each case there was psychiatric evidence before the court with a view to a judge considering making a hospital order under MHA 1983 s37 as amended with a restriction under s41 of the same Act. The sentencing judge did not make such an order, but each was subsequently transferred to hospital under a transfer direction made by the Secretary of State under s47. (2) Sitting as the Court of Appeal Civil Division, a civil appeal in relation to a judicial review brought by the first of the appellants in the criminal appeals of the actions of the Secretary of State for Justice and the Parole Board relating to delay in the determination of her application for release from custody." In relation to the criminal aspect: in ..→2015-02-122015 cases, Deprivation of liberty, ICLR summary, MHLR summary, Prison law cases, Sentence appeal cases, Transcript
Re AJ (DOLS) [2015] EWCOP 5, [2015] MHLO 11 — "This case raises a number of issues about the provisions of the Mental Capacity Act 2005, and in particular the amendments that were introduced into that Act by the Mental Health Act 2007 concerning the procedures to be followed in cases of deprivation of liberty. The provisions under consideration include the selection and appointment of relevant person's representatives under Part 10 of Schedule A1 and independent mental capacity advocates under s.39D which have not, so far as I am aware, been considered in any previous judgment. More fundamentally, the case addresses the question of the extent of the duty on a local authority to ensure that a person who lacks capacity is able to challenge a deprivation of their liberty." 2015-02-122015 cases, Deprivation of liberty, ICLR summary, Transcript
Essex County Council v RF [2015] EWCOP 1, [2015] MHLO 2 — (1) A final declaration was made that P lacked capacity to make decisions in relation to his residence and care arrangements, but retained capacity to make decisions in relation to contact with others. (2) In considering quantum for unlawful detention there is a difference between procedural breaches (which would have made no difference to P's living or care arrangements) and substantive breaches (where P would not have been detained if the authority had acted lawfully). (3) The judge approved the following compromise agreement: (a) a declaration that ECC unlawfully deprived P of his liberty for approximately 13 months; (b) £60,000 damages; (c) care home fees to be waived (around £23-25,000); (d) damages to be excluded from means testing for community care costs; (e) costs to be paid (may exceed £64,000). (4) The judge described the situation as follows: "It is hard to imagine a more depressing and inexcusable state of affairs. A defenceless 91 year old gentleman in the final ..→2015-01-212015 cases, Brief summary, Deprivation of liberty, Transcript
Lazariu v Romania 31973/03 [2014] ECHR 1219, [2014] MHLO 139 — Detention in psychiatric hospital breached Article 5(1) and (4). 2014-12-312014 cases, Deprivation of liberty, ECHR, No summary, Transcript
LB Tower Hamlets v TB [2014] EWCOP 53, [2014] MHLO 130 — "All parties are agreed that TB lacks capacity to make decisions concerning her residence, her care and her contact with SA. The issues that I have to decide are these: (i) Where should TB live in her best interests? ... (ii) If TB does not return to 9 Emerald Mansions what should her contact be with SA, in her best interests? (iii) Does SA have the capacity to consent to sex? This is an abstract question if she does not return to 9 Emerald Mansions, but a very real one if she does. (iv) Whatever I decide about residence does her care regime amount to a deprivation of liberty within the terms of Article 5?" 2014-12-312014 cases, Best interests, Capacity to consent to sexual relations, Deprivation of liberty, No summary, Transcript
Barnsley MBC v GS [2014] EWCOP 46, [2014] MHLO 124 — "I very respectfully do not agree with the reasoning in paragraph 6 of the guidance [which was issued jointly by the Ofsted and the President of the Court of Protection on 12/2/14]. There is nothing in either the legislation, or the regulations, or the [National Minimum Standards for Children's Homes] which has the effect that a children's home, which is not an approved secure children's home, is 'unable' to deprive a person of his liberty. ... The NMS 3.19 and 12.7 themselves state that 'No children's home/school ... restricts the liberty of any child as a matter of routine...' Whilst never a matter of routine, those very standards clearly contemplate that a home or school may have to restrict liberty as a matter of non-routine. Such restraint may involve a deprivation of liberty as now understood and, in my view, the unqualified proposition in paragraph 4 of the guidance that there is no purpose to be served in seeking an order of the Court of Protection goes too far. So, ..→2014-12-302014 cases, Deprivation of liberty, No summary, Transcript
Rochdale MBC v KW [2014] EWCOP 45, [2014] MHLO 123 — The judge in this case decided that KW was not deprived of her liberty, stating as follows: "I am of the view that for the plenitude of cases such as this, where a person, often elderly, who is both physically and mentally disabled to a severe extent, is being looked after in her own home, and where the arrangements happen to be made, and paid for, by a local authority, rather than by the person's own family and paid for from her own funds, or from funds provided by members of her family, Article 5 is simply not engaged. I am of the view that the matter should be reconsidered by the Supreme Court." Permission to appeal to the Court of Appeal was granted, and an appeal against the decision was allowed by consent. 2014-12-302014 cases, Deprivation of liberty, No summary, Transcript
TX v A Local Authority [2014] EWCOP 29, [2014] MHLO 117 — "X is a retired lawyer who has suffered, or appears to have suffered, from Korsakoff's syndrome, a mental illness related to the over-consumption of alcohol. ... An urgent authorisation was obtained on 1st May and a standard authorisation to detain him on 13th May. ... X appealed that standard authorisation, hence the case being listed before me in late May. ... X now has capacity to make decisions as to residence, care and medical treatment and that has been amply demonstrated in the case. Even if he has other problems he can reflect and logically reason, and is much improved from the man he was last December. That does not mean he will not relapse. It does not mean that he will not be foolish enough to resume drinking but, in my judgment, in all the circumstances it would be inappropriate to make a declaration under section 48 and in those circumstances, in the absence of a standard authorisation, his compulsory detention comes to an end." 2014-12-302014 cases, Deprivation of liberty, No summary, Transcript
OG v Latvia 66095/09 [2014] ECHR 989, [2014] MHLO 115 — Involuntary psychiatric hospital admission breached Article 5(1) and (4) in this case. 2014-12-302014 cases, Deprivation of liberty, ECHR, No summary, Transcript
NL v Hampshire CC [2014] UKUT 475 (AAC), [2014] MHLO 107 — The patient was deprived of his liberty and appealed against the tribunal's refusal to exercise its discretion to discharge him from guardianship. (1) Upper Tribunal Judge Jacobs stated that the cause of deprivation of liberty was the care plan, not the guardianship, adding in relation to guardianship powers generally: "I find it difficult to imagine a case that could realistically arise in which those basic powers could be used in a way that would satisfy the conditions for deprivation of liberty." (2) He dismissed the appeal on the ground that the guardianship did not give rise to a deprivation of liberty and the tribunal was not obliged to exercise its discretion to discharge the patient. (3) The approach to discretionary discharge in the GA case (relating to CTOs) was equally relevant to guardianship or detention: "it is difficult to imagine a case in which the tribunal could properly exercise its discretion to discharge without there being appropriate safeguards to ensure the ..→2014-11-042014 cases, Deprivation of liberty, Detailed summary, Powers, Transcript, Upper Tribunal decisions
Re X (Deprivation of Liberty) (No 2) [2014] EWCOP 37, [2014] MHLO 98 — "I need now to supplement and elaborate what I said in my previous judgment in relation to Questions (7), (9) and (16). For ease of reference I set out those questions again: '(7) Does P need to be joined to any application to the court seeking authorisation of a deprivation of liberty in order to meet the requirements of Article 5(1) ECHR or Article 6 or both? (9) If so, should there be a requirement that P … must have a litigation friend (whether by reference to the requirements of Article 5 ECHR and/or by reference to the requirements of Article 6 ECHR)? (16) If P or the detained resident requires a litigation friend, then: (a) Can a litigation friend who does not otherwise have the right to conduct litigation or provide advocacy services provide those services, in other words without instructing legal representatives, by virtue of their acting as litigation friend and without being authorised by the court under the Legal Services Act 2007 to do either or both …?' These ..→2014-10-162014 cases, Deprivation of liberty, ICLR summary, Transcript
Re X (Deprivation of Liberty) [2014] EWCOP 25, [2014] MHLO 86 — "The immediate objective, in my judgment, is to devise, if this is feasible, a standardised, and so far as possible 'streamlined', process, compatible with all the requirements of Article 5, which will enable the Court of Protection to deal with all DoL cases in a timely but just and fair way. The process needs, if this is feasible, to distinguish between those DoL cases that can properly be dealt with on the papers, and without an oral hearing, and those that require an oral hearing. In my judgment, that objective is feasible and can be achieved. ... This is a preliminary judgment, setting out briefly my answers to those of the 25 questions which require an early decision if the objective I have identified is to be carried forward. It concentrates on the issues directly relevant to what I will call the 'streamlined' process. It sets out no more than the broad framework of what, in my judgment, is required to ensure that the 'streamlined' process is Article 5 compliant. Additional, ..→2014-08-072014 cases, Deprivation of liberty, ICLR summary
Re UF (No 2) [2014] EWCOP 18, [2014] MHLO 78 — "The proceedings were launched by AF, UF's youngest daughter, in August 2013 as a challenge under section 21A MCA 2005 to the standard authorisation of deprivation of liberty. The remit of my enquiry at this hearing was defined by order of Charles J in May 2014, thus: (i) Is it in UF's best interests to return to her home to live with a contingency plan of maintaining her current placement for a period of time? (ii) Should direction be given to the LPA finance about releasing equity from UF's property to pay for her care? (iii) Should the LPA finance be replaced by a Deputy appointed by the Court? (iv) Would any care regime at home still represent a deprivation of liberty?" 2014-08-012014 cases, Deprivation of liberty, No summary, Transcript
Norfolk CC v PB [2014] EWCOP 14, [2014] MHLO 75 — "The issue is whether PB has capacity to decide whether to live with TB, what contact to have with him, and what her care arrangements should be (that issue, it is common ground, includes where she is to live); and, if she is to be accommodated in local authority care, whether she is deprived of her liberty and if so whether this should be authorised by the Court. There is an interim declaration to that effect." The judge comments on the capacity test (causative nexus), the inherent jurisdiction, and case management in the Court of Protection. 2014-08-012014 cases, 39 Essex Street summary, Best interests, Deprivation of liberty, Transcript
Liverpool City Council v SG [2014] EWCOP 10, [2014] MHLO 67 — "This case raises the following question: Does the Court of Protection have power to make an order which authorises that a person who is not a child (ie who has attained the age of 18) may be deprived of his liberty in premises which are a children's home as defined in section 1(2) of the Care Standards Act 2000 and are subject to the Children's Homes Regulations 2001 (as amended)? Both parties and their counsel in these proceedings submit that the answer is 'yes'. I agree with them that the answer is 'yes'." 2014-08-012014 cases, 39 Essex Street summary, Deprivation of liberty, Transcript
R (LV) v SSJ [2014] EWHC 1495 (Admin), [2014] MHLO 33 — "In the light of authority, Mr Southey accepts that he cannot submit as a matter of principle that the system by which the Claimant's release was considered by two successive bodies, the Tribunal and the Parole Board, is in conflict with the Claimant's Article 5(4) rights. ... He goes on to argue that, on the facts as they are here, if there were to be two hearings before two bodies, the state had a legal obligation to ensure expedition throughout the overall process. He says there was no such expedition, since the review of the legality of the Claimant's detention took almost 22 months from the date when the Claimant applied to the Tribunal on 24 May 2011 to the decision of the Parole Board on 21 March 2013. Within that period, Mr Southey makes a series of specific complaints as to periods of delay. ... The claim for judicial review is dismissed as against both Defendants. ... Although it took a considerable time to be resolved, there was in my view no breach of the obligation on the ..→2014-05-182014 cases, Deprivation of liberty, No summary, Transcript
Northamptonshire Healthcare NHS Foundation Trust v ML [2014] EWCOP 2, [2014] MHLO 31 — "The Applicants seek declarations that: (i) ML lacks capacity to litigate and/or to make decisions about his care and /or residence; (ii) it would be in ML's best interest to reside at Bestwood Hospital; (iii) it would be in ML's best interest to undergo treatment at Bestwood Hospital until such time as he is able to be discharged to a suitable assisted living package in the community. Behind these deceptively simple draft declarations is a history of professional and family conflict which has frequently been bitter and occasionally rancorous (amongst the professionals). It is a case which has engendered many high emotions in people who feel strongly about the important nature of the work they are involved in and who are very highly motivated to achieve the best outcomes for ML. Some, though certainly not all, witnesses have overstated their cases, been selective in their use of material, emotive in their use of language, disrespectful to those who hold contrary views. In consequence, ..→2014-05-182014 cases, Best interests, Deprivation of liberty, No summary, Transcript
Milton Keynes Council v RR [2014] EWCOP B19, [2014] MHLO 30 — Having described the council's conduct as "woefully inadequate from the start" the judge declared that there had been breaches of Article 5 and Article 8. 2014-05-182014 cases, Deprivation of liberty, No summary, Transcript
RB v Brighton and Hove CC [2014] EWCA Civ 561, [2014] MHLO 25 — This is the executive summary and conclusion from the Court of Appeal decision: "In June 2007 RB sustained a serious brain injury in an accident. He was treated for eight months in hospital and then transferred to a care home, S House. In 2011 RB ceased participating in rehabilitation programmes and proposed to leave S House. The staff at S House considered that RB was not capable of independent living. Because of his physical and mental disabilities he was likely to (a) resume his former chaotic lifestyle and (b) to suffer serious or fatal injuries in consequence. The Council granted a standard authorisation pursuant to schedule A1 to the Mental Capacity Act 2005 ('MCA'), which enabled staff to detain RB at S House. RB brought proceedings in the Court of Protection to terminate the standard authorisation. The Court of Protection dismissed the application and RB appealed to the Court of Appeal. He contends that two preconditions for deprivation of liberty are not satisfied, namely ..→2014-05-102014 cases, Best interests, Brief summary, Deprivation of liberty, Transcript
Cheshire West and Chester Council v P [2014] UKSC 19, [2014] MHLO 16 — (1) The 'acid test' for deprivation of liberty is whether the person is under continuous supervision and control and is not free to leave. (2) The following are not relevant: (a) the person's compliance or lack of objection; (b) the relative normality of the placement (whatever the comparison made); and (c) the reason or purpose behind a particular placement. (3) Because of the extreme vulnerability of people like P, MIG and MEG, decision-makers should err on the side of caution in deciding what constitutes a deprivation of liberty. 2014-03-202014 cases, Deprivation of liberty, No summary, Transcript
The Local Authority v Mrs D [2013] EWHC B34 (COP), [2013] MHLO 140 — "These proceedings were heard in private however this judgement is being published at the request of the respondents in order to explain the thinking of the court when approving an agreed order compromising a claim for remedies under s.8 Human Rights Act 1998 ('HRA'), which included a sum in damages, for alleged breaches of a party's rights under Articles 5 and 8 ECHR. ... However, despite this non-admission of liability, the Local Authority had offered in compromise: (a) an apology to Mrs D for the delay in bringing these proceedings; (b) to pay a sum of £15,000 to Mrs D; (c) to pay the reasonable costs of the action incurred by Mrs D's litigation friend; (d) to pay a sum of £12,500 to her husband Mr D; (e) to pay Mr D's reasonable costs of the action. ... For all of the above reasons therefore, the Court's view was that the totality of the compromise represented a reasonable settlement and in the circumstances represented sufficient satisfaction for the alleged breaches of ..→2014-03-052013 cases, Deprivation of liberty, No summary, Transcript
UF v A Local Authority [2013] EWHC 4289 (COP), [2013] MHLO 105 — Under Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013/480, Legal Aid for MCA 2005 s21A appeals is non-means-tested for as long as the relevant DOLS standard authorisation is in force. In this case the Ministry of Justice and the Legal Aid Agency confirmed that Legal Aid could continue if the court extends the standard authorisation for the duration of the case. 2013-12-092013 cases, Brief summary, Deprivation of liberty, Transcript
Re M (Best Interests: Deprivation of Liberty) [2013] EWHC 3456 (COP), [2013] MHLO 97 — "These Court of Protection proceedings under Section 21A of the Mental Capacity Act 2005 were brought in May 2013 on behalf of a 67-year-old lady named M. ... M wants to return to her own home, a bungalow that, until she went into residential care, she had shared for much of the time with her partner of 30 years." [Summary required.] 2013-11-122013 cases, Deprivation of liberty, No summary, Transcript
R (LV) v SSJ [2013] EWCA Civ 1086, [2013] MHLO 82 — The applicant had been given an IPP sentence then transferred to hospital under s47/49. On 12/12/11 the MHT decided she met the criteria for conditional discharge. The dossier reached the Parole Board on 29/3/12, and the hearing was arranged for 12/3/13. She claimed a breach of Article 5(4) during: (a) the period before the dossier was ready, when no judicial body was responsible for supervising her progress and the potentiality for release, and (b) the subsequent long period until the Parole Board met. The Court of Appeal gave permission to apply for judicial review (being simpler than giving permission to appeal the High Court's refusal of permission to apply for judicial review). 2013-08-302013 cases, Brief summary, Deprivation of liberty, Missing from Bailii, Transcript
AM v SLAM NHS Foundation Trust [2013] UKUT 365 (AAC), [2013] MHLO 80 — It was argued at the tribunal that AM should be discharged from s2 in order to remain in hospital informally. (1) A tribunal should (a) decide whether the patient has capacity to consent, (b) decide whether DOLS is an alternative, and (c) in considering the MHA 'necessity' test identify the regime which is the least restrictive way of best achieving the proposed aim. The tribunal had failed properly to consider whether AM would comply with informal admission (which is relevant to the second question) so the case was remitted to a differently-constituted tribunal. (2) To be compatible with Article 5 ECHR, ss 2, 3 and 72 MHA 1983 have to be applied on the basis that for detention in hospital to be 'warranted' it has to be 'necessary' in the sense that the objective set out in the relevant statutory test cannot be achieved by less restrictive measures. [A more detailed summary is available on the case page.] 2013-08-242013 cases, Deprivation of liberty, Detailed summary, Transcript, Upper Tribunal decisions
A Local Authority v WMA [2013] EWHC 2580 (COP), [2013] MHLO 79 — "The case concerns the future of a twenty five year old man, WMA, and where he should live plus what help should be given to him. It raises complex issues about best interests and deprivation of liberty. ... there is no doubt in my mind it is WMA's best interests to move to B ... if one looks at WMA's isolation, the refusal to engage with outside agencies, the poor conditions in the home and the absence of friends, save one for MA, of both mother and son and contrasts them with the opportunities for WMA at B then the opportunity for a higher quality private life is clear. ... I confess for my part it is not easy to follow the reasoning of the Cheshire West decision. That said, I agree strongly with the Official Solicitor that moving WMA to B would be a deprivation of liberty ... The local authority now concedes there will be a deprivation of liberty, at least because the move will be involuntary. I would go further and note that WMA at least in the short term objects to the ..→2013-08-242013 cases, Best interests, Deprivation of liberty, No summary, Transcript
Y County Council v ZZ [2012] EWHC B34 (COP), [2012] MHLO 179 (COP) — "This is an application made by Y County Council in the Court of Protection in relation to Mr ZZ, a man of young middle age. I am invited to make a number of declarations in relation to Mr ZZ. First, I am asked to find that he lacks litigation capacity on the issues in this case. Second, I am invited to declare that he lacks capacity to decide upon the restrictions relevant to supporting his residence and care. Finally, I am asked to declare that he is being deprived of his liberty, but that it is lawful as in his best interests pursuant to schedule A1 of the Mental Capacity Act 2005. Mr ZZ is represented by the Official Solicitor. He has been present throughout the hearing and has conducted himself with dignity throughout. Indeed, he gave unsworn, oral evidence before me in an entirely courteous and helpful way." [Summary required.] 2013-06-062012 cases, Deprivation of liberty, No summary, Transcript
A PCT v LDV [2013] EWHC 272 (Fam), [2013] MHLO 6 — "The two questions considered at the hearing, which form the subject of this judgment, are (1) Do L's current circumstances amount objectively to a deprivation of liberty? (2) When assessing whether L has capacity to consent to her accommodation at WH, in circumstances which amount to a deprivation of liberty, what information is relevant to that decision?" [Summary required; detailed external summary available.] 2013-03-252013 cases, Deprivation of liberty, No summary, Other capacity cases, Transcript
Re KK; CC v KK [2012] EWHC 2136 (COP), [2012] MHLO 89 — KK was moved to a care home against her wishes, subject to a DOLS standard authorisation, and appealed under MCA 2005 s21A. (1) Having heard her oral evidence, the judge disagreed with the unanimous expert evidence that she lacked capacity to make decisions about her residence and care. (2) In light of the case law and the facts of the case, she had not been deprived of her liberty. 2012-09-272012 cases, Brief summary, Deprivation of liberty, Other capacity cases, Transcript
Re Steven Neary; LB Hillingdon v Steven Neary [2012] MHLO 71 (COP) — The Court of Protection approved a consent order under which the London Borough of Hillingdon is to pay £35,000 damages to Stephen Neary. 2012-07-262012 cases, Best interests, Brief summary, Deprivation of liberty, No transcript
HSE Ireland v SF (A Minor) [2012] EWHC 1640 (Fam), [2012] MHLO 69 — "This application is made by the Health Service Executive of Ireland ('the HSE'), the statutory authority with responsibility for children taken into public care in the Irish Republic, for an urgent order under Article 20 of the Council Regulation (EC) 2201/2003 of 27th November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No.1347/2000 (commonly known as 'Brussels II Revised') in respect of a 17-year-old girl whom I shall refer to as SF. At the conclusion of the hearing on 4th May 2012, I made the order sought by the HSE. This judgment sets out the reasons for my decision." [Summary required.] 2012-06-232012 cases, Deprivation of liberty, No summary, Transcript
Re HA [2012] EWHC 1068 (COP), [2012] MHLO 67 — "This case comes before me for directions today. The person whose best interests have to be considered by the court is a HA. The Official Solicitor now acts for her as her litigation friend and in that capacity has continued an application under s.21A of the Mental Capacity Act 2005 (the Act) that was instigated before his appointment." [Summary required.] 2012-06-232012 cases, Deprivation of liberty, Missing from Bailii, No summary, Transcript
EM v SC [2012] EWHC 1518 (COP), [2012] MHLO 56 — "This is an application made by the Official Solicitor on behalf of the Applicant EM, for the discharge of the latest of a series of standard authorisations made on 16 January 2012 pursuant to the Mental Capacity Act 2005. The effect of the standard authorisation is to deprive EM of his liberty and oblige him to live at a nursing home, RH, rather than at the home which he had shared with his wife and son for many years." [Summary required.] 2012-06-212012 cases, Deprivation of liberty, Missing from Bailii, No summary, Transcript
Austin v Commissioner of Police of the Metropolis [2007] EWCA Civ 989 — Kettling/Article 5 case. [Summary required.] 2012-05-082007 cases, Deprivation of liberty, No summary, Transcript
A London Borough v VT [2011] EWHC 3806 (COP) — "The primary matters on which decisions need to be made by the court are: (1) Should ST live at L (or possibly some other care home type accommodation in London) or in his property at X, Nigeria; (2) If ST remains at L, is he being deprived of his liberty and, if he is being so deprived, does that remain appropriate; (3) Should ST's property and affairs deputy be AT or Mr G, the current interim independent professional deputy?" [Summary required.] 2012-03-282011 cases, Deprivation of liberty, No summary, Transcript
Austin v UK 39692/09 [2012] ECHR 459, [2012] MHLO 22 — Kettling did not breach Article 5. [Summary required.] 2012-03-192012 cases, Deprivation of liberty, ECHR, No summary, Transcript
SSJ v RB [2011] EWCA Civ 1608 — The Mental Health Tribunal may not grant a conditional discharge in circumstances where the conditions would inevitably lead to an Article 5 deprivation of liberty. Postscript: see PJ v A Local Health Board [2015] UKUT 480 (AAC), [2015] MHLO 63. 2011-12-312011 cases, Brief summary, Deprivation of liberty, Discharge conditions, Transcript
Re RK; RK v BCC [2011] EWCA Civ 1305 — (1) An adult in the exercise of parental responsibility may impose, or may authorise others to impose, restrictions on the liberty of the child. However restrictions so imposed must not in their totality amount to detention. Detention engages the Article 5 rights of the child and a parent may not lawfully detain or authorise the detention of a child. (2) The restrictions authorised by RK's parents did not amount to deprivation of liberty: they were no more than what was reasonably required to protect RK from harming herself or others within her range. 2011-12-082011 cases, Deprivation of liberty, Detailed summary, Transcript
Hadzic and Suljic v Bosnia Herzegovina 39446/06 [2011] ECHR 911 — The applicants had been detained for several years in a prison 'Psychiatric Annex' which was an inappropriate institution for the detention of mental health patients, in breach of Article 5(1); the applicants were awarded compensation of €15,000 and €25,000 respectively. 2011-11-262011 cases, Brief summary, Deprivation of liberty, ECHR, Transcript
Cheshire West and Chester Council v P [2011] EWCA Civ 1257 — P's care plan at Z House did not amount to a deprivation of liberty: "At Z House and outside it P is living a life which is as normal as it can be for someone in his situation." [Caution: see Supreme Court decision.] 2011-11-092011 cases, Deprivation of liberty, Detailed summary, ICLR summary, Transcript
LB Tower Hamlets v BB [2011] EWHC 2853 (Fam) — 'There are two sets of proceedings which concern BB. In the first, her litigation friend, sought guidance from the court under sections 16 and 18(k) of the Mental Capacity Act 2005 about the conduct of proceedings concerning BB and declarations that she a) lacks capacity to conduct those proceedings and b) it is in her best interests that, in the event that her marriage to MA is a valid marriage, it be annulled or that there be a declaration that it is not recognised by the law of England and Wales. In the second, the local authority as substituted applicant seeks declarations that BB a) lacks the capacity to litigate, b) lacks capacity to decide where she should live, with whom she should have contact, who should provide her with care, what care should be provided to her and the medical treatment she should receive for her mental disorder. The court is asked to make decisions on her behalf as respects those questions which the court determines she is incapacitated to answer.' ..→2011-11-092011 cases, Best interests, Deprivation of liberty, No summary, Transcript
S v Estonia 17779/08 [2011] ECHR 1511 — Under domestic law S should have been heard 'promptly' after the county court ruled on her compulsory admission to hospital, but was not heard for 15 days; no adequate justification was given; this was a considerable portion of the three-month admission period; the domestic supreme court noted the procedural violation but offered no redress: overall, there had been a breach of Article 5(1), in that she was not detained in accordance with a procedure prescribed by law. Compensation of €5000 was awarded. 2011-10-062011 cases, Brief summary, Deprivation of liberty, ECHR, Transcript
Cheshire West and Chester Council v P [2011] EWHC 1330 (COP) — (1) The new care plan was in P's best interests (paras 35, 39). (2) There was a deprivation of liberty (reasons given in paras 58-60). (3) A costs order was made against the local authority as the serious misconduct of its employees (including misleading the court under oath, failure to disclose documents and falsifying records) rendered the proceedings more costly (para 76). (4) The public interest in holding public authorities accountable amounts to a 'good reason' for naming the local authority; the scale of the possible identification of P was minor enough not to prevent this (paras 89-90). 2011-06-192011 cases, Best interests, Brief summary, Deprivation of liberty, Transcript
Re C; C v Wigan Borough Council [2011] EWHC 1539 (Admin) — Judgment in related COP and Admin Court proceedings relating to an 18-year old with severe autism and severe learning disabilities living at a residential special school. Issues considered include deprivation of liberty and seclusion. [Summary required.] 2011-06-162011 cases, Deprivation of liberty, No summary, Transcript
Re Steven Neary; LB Hillingdon v Steven Neary [2011] EWHC 1377 (COP) — (1) By keeping Stephen away from his home, Hillingdon breached Article 8 and Article 5(1) (notwithstanding DOLS authorisations granted during later stages). (2) By (a) failing sooner to refer the case to the COP, (b) failing sooner to appoint an IMCA, and (c) failing to conduct an effective review of the best interests assessments, Hillingdon breached Article 5(4). 2011-06-092011 cases, Best interests, Brief summary, Deprivation of liberty, Transcript
Re A; A v A Local Authority [2011] EWHC 727 (COP) — A, represented by the OS, appealed under MCA 2005 s21 against a DOLS standard authorisation; the other parties, including A's son, argued that A lacked capacity and that his current placement was in his best interests. The OS wanted an up-to-date assessment of capacity and a report on best interests, suggesting a COP Visitor report as being the proportionate method: the report would determine whether to dispose of the case by consent or seek further directions. Given the clear evidence, had it been a child best interests case there would have been summary judgment; however, the MCA laid down stringent conditions for deprivation of liberty, so the court cannot act as a rubber stamp and the OS must be allowed to carry out his duty of representing A as he thought fit. Having regard to the overriding objective, the COP Visitor method, and likely disposal without a further hearing, was the best way forward. 2011-03-292011 cases, Best interests, Brief summary, Deprivation of liberty, Transcript
Re P and Q; P and Q v Surrey County Council; sub nom Re MIG and MEG [2011] EWCA Civ 190 — Judgment of Parker J upheld: neither P (aged 18, in a foster placement) nor Q (aged 17, in a small group home) was deprived of her liberty. [Caution: see Supreme Court decision.] 2011-02-282011 cases, Deprivation of liberty, Detailed summary, Transcript
Re KM; NCC v KM (2009) COP 1145479102 — Consideration of the legal aid position in relation to deprivation of liberty reviews following final hearing. 2011-01-242009 cases, Brief summary, Deprivation of liberty, Transcript
Re P (2010) COP 23/12/10 (Mostyn J) — There was effectively a presumption against deprivation of liberty (pursuant to MCA 2005 s1(6)) and, on the facts, the balance tilted in favour of P returning home pending a final hearing at which full evidence could be considered. [Summary based on counsel's case report.] 2011-01-232010 cases, Brief summary, Deprivation of liberty, No transcript
SSJ v RB [2010] UKUT 454 (AAC) — (1) The Tribunal may conditionally discharge with conditions which amount to a regime of detention (deprivation of liberty) to any establishment which is not defined as a 'hospital'. [Caution.] (2) The Upper Tribunal will follow High Court decisions unless it is convinced they are wrong, but where highly specialised issues arise the UT may feel less inhibited than the High Court in revisiting the issues. 2011-01-132010 cases, Deprivation of liberty, Detailed summary, Discharge conditions, Transcript, Upper Tribunal decisions
Re RK; YB v BCC [2010] EWHC 3355 (COP) — (1) Given the terms of s20(8) Children Act 1989 (that any person with parental responsibility may at any time remove the child) the provision of accommodation to a child under s20(1), (3), (4) or (5) will not ever give rise to a deprivation of liberty within the terms of Article 5. If the child is being accommodated under the auspices of a care order, interim or full, or if the child has been placed in secure accommodation under s25, then the position might be different. (2) In any event: (a) the objective element of deprivation of liberty was not remotely close to being met on the facts; (b) the subjective element was not met, as the parents had consented on RK's behalf; (c) RK's placement was at the behest of her parents and could not be imputed to the state. [Detailed summary to follow.] 2011-01-042010 cases, Brief summary, Deprivation of liberty, Missing from Bailii, Transcript
G v E [2010] EWHC 3385 (Fam) — Costs judgment. "In all the circumstances, I conclude that this is a case for departing from the general rule set out in rule 157 of the Court of Protection rules, and I make an order in the following terms: (1) That the local authority should pay the costs of G, F and E, including pre-litigation costs, up to and including the first day of the hearing before me on 14th January 2010 on an indemnity basis. (2) The local authority shall pay one third of the costs of G, F and E from that date up to and including the hearing on 6 May 2010 on a standard basis. (3) All costs will be subject to a detailed assessment, if not agreed." [Summary required.] 2011-01-042010 cases, COP costs cases, Deprivation of liberty, No summary, Transcript
Re ADE (Scope of Schedule A1) (2010) COP 11821802 — Given that a standard authorisation extends to restraining a person from leaving the accommodation, it must also extend to compelling him to return: "Do the powers under the existing standard authorisation extend to coercing ADE back to the nursing home if ADE refuses to return? It would be little short of absurd if the local authority and AHNH had powers to restrain him from leaving but not to compel him to return: the greater power must include the lesser. I will therefore declare that this power is implicit in the current and any future standard authorisation." 2010-12-172010 cases, Brief summary, Deprivation of liberty, Transcript
A County Council v MB [2010] EWHC 2508 (COP) — Court of Protection case about 'DOLS breakdowns'. [Official summary available.] 2010-10-222010 cases, Deprivation of liberty, No summary, Transcript
A Primary Care Trust v P (2009) EW Misc 10 (EWCOP) — (1) P lacked capacity to decide where and with whom he should reside. (2) The removal of P from AH's care at home, as a manifest breach of Article 8, could only be proportionate if the best interests of P compellingly required it. (3) It was in P's best interests to be moved to independent living accommodation. (4) There would be a deprivation of liberty due to (a) the degree of control to be exercised by staff, (b) the constraint on P leaving if he intends to return to AH, (c) the power to refuse a request from AH for P's return, (d) the restraints on contact, (e) the fairly high degree of supervision and control. (5) Directions were given in relation to the conduct of further court reviews. (6) Contact would be dealt with separately in an Order. 2010-09-132009 cases, Best interests, Brief summary, Deprivation of liberty, Transcript
Re MIG and MEG [2010] EWHC 785 (Fam) — Neither MIG (aged 18, in a foster placement) nor MEG (aged 17, in a small group home) was deprived of her liberty. [Caution: see Supreme Court judgment.] 2010-09-032010 cases, Deprivation of liberty, Detailed summary, Transcript
BB v AM [2010] EWHC 1916 (Fam) — (1) BB was not ineligible to be deprived of her liberty within the meaning of Case E of MCA 2005 sch 1A as the psychiatric evidence was that the criteria under s2 or s3 MHA were not made out. (2) In relation to whether or not there was a deprivation of liberty: on one hand (a) BB was under sedation; staff exercised control over her care, movements, assessments and treatments; staff also exercised control over her residence and the contacts she had with other people; her family were hostile to her placement; the court was refusing to sanction the discharge of BB into the care of her parents pending the conclusion of investigations being carried out by the police; on the other hand (b) BB was apparently happy where she was; she had a degree of freedom within the hospital; in addition if she asked to leave, she was allowed to do so, although only under the supervision of accompanying staff; in conclusion (c) she was being deprived of her liberty as she was away from her family, in ..→2010-08-092010 cases, Deprivation of liberty, Detailed summary, Missing from Bailii, Transcript
G v E, Manchester City Council and F [2010] EWHC 2042 (Fam) — (1) The arguments in favour of publication of the local authority's name (openness and accountability) were truly compelling: they amounted to a "good reason" and the balancing exercise came down in favour of publication. It would be a different matter if there was any significant risk that the family might be identified, but Manchester is a large city. (2) It would inappropriate and unfair to name the social workers, because responsibility for what went wrong rested at a much higher level, including the failure to provide any or any adequate training on the introduction of the DOLS. (3) Neither the company running the establishment nor its manager would be identified: (a) they were not represented when the criticisms were made or identification was discussed; (b) it had not been necessary to make findings on the criticisms, the appropriate course being for the OS to raise the issue with the CQC which has some responsibility for such establishments; and (c) crucially, it would lead ..→2010-08-042010 cases, Deprivation of liberty, Detailed summary, Transcript
G v E [2010] EWCA Civ 822 — The judge was right to reject the appellant's submission that Article 5 places distinct threshold conditions which have to be satisfied before a person lacking capacity can be detained in his best interests under the MCA 2005. The MCA generally, and the DOLS in particular, plug the Bournewood gap and are Article 5 compliant. 2010-07-182010 cases, Deprivation of liberty, Detailed summary, Transcript
Re A (Adult) and Re C (Child); A Local Authority v A [2010] EWHC 978 (Fam) — The circumstances of the domestic care of A and C by their families in the family home did not involve a deprivation of liberty engaging the protection of Article 5. 2010-07-082010 cases, Deprivation of liberty, Detailed summary, Transcript
G v E [2010] EWCA Civ 548 — Successful renewed application for permission to appeal: it was arguable that the judge was wrong in deciding that the court may entertain an application for an order under s16 MCA 2005 that would have the effect of depriving a person of his liberty without being satisfied that his condition warrants compulsory confinement. Permission was given on other grounds also. 2010-07-082010 cases, Brief summary, Deprivation of liberty, Transcript
R (ZN) v South West London and St George's Mental Health NHS Trust (2010) CO/9457/2009 — The de facto detention of an informal incapacitous patient, and the series of detentions under s5(2), was unlawful. (Claim settled by consent.) 2010-06-282010 cases, Brief summary, Deprivation of liberty, No transcript, Unlawful detention cases
SSHD v AP [2010] UKSC 24 — Control order/deprivation of liberty case. [Summary required.] 2010-06-182010 cases, Deprivation of liberty, ICLR summary, Transcript
Re MP; LBH v GP (2009) FD08P01058 — (1) MP, who suffered from a learning disability and lacked capacity as to residence and contact, was removed from his mother's accommodation and conveyed by the police to a care home. On the facts, there was presently no deprivation of liberty and it was in MP's best interests to remain at the care home with the existing contact regime continuing. (2) Guidance was given, subsequently approved by the President of the Family Division and Court of Protection, for cases where a vulnerable or incapacited adult requires to be removed from premises with the help of the police. 2010-05-132009 cases, Deprivation of liberty, Detailed summary, Transcript
G v E [2010] EWHC 621 (Fam) — E lacked capacity and was being deprived of his liberty at a residential unit by the local authority. They had breached his Article 5 rights by doing so without seeking a DOLS authorisation or court order, and had breached his Article 8 rights by actions including a failure properly to involve his carer. However, the court authorised continuing deprivation of liberty at the residential unit pending the final hearing as this was in his best interests. There is no threshold condition for an order under s16 depriving someone of his liberty, other than that P lacks the relevant capacity. When considering DOL there is a clear distinction between a placement at home, with family or an adult carer, and a residential placement. Hearsay from an incompetent witness is admissible but no weight would be given to E's statements. 2010-03-312010 cases, Deprivation of liberty, Detailed summary, Transcript
Dorset CC v EH [2009] EWHC 784 (Fam) — The Official Solicitor's view and independent expert's opinion was that EH, an elderly lady with dementia, should be assisted to continue to live at home; notwithstanding this, the judge agreed with the local authority that it was in EH's best interests to be deprived of her liberty in residential accommodation for her own safety. 2010-03-282009 cases, Brief summary, Deprivation of liberty, Transcript
R (Degainis) v SSJ [2010] EWHC 137 (Admin) — In relation to a 7-month delay in holding a Parole Board hearing, the SSJ admitted breach of Article 5(4) and apologised, but the claimant sought damages under Article 5(5). (1) Article 5(5) (which gives an "enforceable right to compensation") and s8 HRA 1998 (which limits the power to award damages) are not inconsistent because compensation in Article 5(5) is not limited to money. (2) The first of two grounds for the claim was that the delay increased the length of detention: because of the number of imponderables in the case it was impossible to conclude this. (3) The second ground was based on an inference that frustration and anxiety had been caused: the judge was not prepared to infer, in the absence of specific evidence, a level of frustration of distress sufficient to warrant an award of damages. (4) In general, as to whether or not to award damages, the length of the delay, the effect of the delay, and the impact on the claimant are relevant factors; the seriousness ..→2010-02-052010 cases, Deprivation of liberty, Detailed summary, ICLR summary, Transcript, Tribunal delay
R (Miller) v Independent Assessor [2009] EWCA Civ 609 — The Independent Assessor must have erred in law by failing to make proper use of the civil law awards, because without much explanation he arrived at an award which is irrationally low (namely £55,000 for over 4 years' detention following wrongful conviction for murder). 2009-12-092009 cases, Deprivation of liberty, Detailed summary, ICLR summary, Transcript
DCC v KH (2009) COP 11729380 — (1) A DOLS standard authorisation was sufficient to return P on the long journey from contact sessions to the residential accommodation: the Code of Practice paragraphs saying that conveyance may require a court order only apply where no SA is in place. (2) It was inappropriate to seek an anticipatory declaration for the use of force, as MCA 2005 s5 and s6 permitted restraint. (3) The interim residence order should be enough to persuade the police to facilitate P's return. 2009-11-122009 cases, Brief summary, Deprivation of liberty, Transcript
Re Brammall; W Primary Care Trust v TB [2009] EWHC 1737 (Fam) — TB was eligible to be deprived of her liberty under the Mental Capacity Act 2005 (either under DOLS provisions or s16 court order): she might have been ineligible under Case E, but she was not a "mental health patient" because her care home did not fall within the definition of a hospital. 2009-07-232009 cases, Deprivation of liberty, Detailed summary, Transcript
R (SSHD) v MHRT, re PH [2002] EWHC 1128 (Admin) — Condition of discharge not to leave without escort not unlawful on the facts. 2009-04-122002 cases, Brief summary, Deprivation of liberty, Discharge conditions, Transcript
Austin v Commissioner of Police of the Metropolis [2009] UKHL 5 — (1) The difference between deprivation of and restriction upon liberty is merely one of degree or intensity, not one of nature or substance; it is highly sensitive to the facts of each case. (2) Where the purpose of the measure is relevant, it must be to enable a balance to be struck between what the restriction seeks to achieve and the interests of the individual; there is room, even in the case of fundamental rights, for a pragmatic approach which takes full account of all the circumstances; however, in general, purpose is relevant, not to whether the Article 5 threshold is crossed, but to justification under 5(1)(a) to (e). (3) Measures of crowd control will fall outside the ambit of Article 5 so long as they are not arbitrary, i.e. they must be resorted to in good faith, they must be proportionate, and they must not be enforced for longer than is reasonably necessary; the confinement by the police of the claimant for seven hours in Oxford Circus in order to avoid physical ..→2009-01-292009 cases, Deprivation of liberty, Detailed summary, ICLR summary, Transcript
R (Abu-Rideh) v SSHD [2007] EWHC 2237 (Admin) — The claimant's appeal under s10(1) of the Prevention of Terrorism Act 2005 against the modification of his control order (that the cumulative effect in his changed circumstances, in particular because he now lives alone and his perceived declining mental health, had led to breaches of Articles 5, 3 and 8) failed. 2009-01-192007 cases, Deprivation of liberty, Detailed summary, Transcript
Salford City Council v GJ, re GJ NJ and BJ (Incapacitated Adults) [2008] EWHC 1097 (Fam) — The appropriate safeguards to be put in place when the court authorises the placement of an incapacitated adult in circumstances engaging Article 5 of the Convention. 2008-12-282008 cases, Brief summary, Deprivation of liberty, Other capacity cases, Transcript
IH v UK 17111/04 (2005) — The delay following the deferred conditional discharge decision did not breach Article 5(1), since if no psychiatric supervision could be found then continued detention was the only option, Johnson v UK 22520/93 [1997] ECHR 88 distinguished; the House of Lords had been right in concluding that the Tribunal's inability to reconsider the case in light of the inability to achieve the conditions disclosed a breach of Article 5(4); however, since the domestic court had acknowledged the breach, IH was no longer a "victim" of a violation of Article 5(4); therefore no issues arose under Article 5(5) and, in any event, there is no absolute right to compensation, and the Lords' decision not to award damages was not arbitrary or unreasonable. The application was inadmissible. 2008-11-292005 cases, Brief summary, Deprivation of liberty, ECHR, Transcript
LLBC v TG [2007] EWHC 2640 (Fam) — Best interests/deprivation of liberty case. 2008-10-062007 cases, Deprivation of liberty, Detailed summary, Transcript
R (L) v Bournewood Community and Mental Health NHS Trust [1998] UKHL 24 — Bournewood gap. 2008-09-131998 cases, Deprivation of liberty, No summary, Transcript
R (L) v Bournewood Community and Mental Health NHS Trust [1997] EWCA Civ 2879 — Bournewood gap. 2008-09-131997 cases, Deprivation of liberty, No summary, Transcript
R (L) v Bournewood Community and Mental Health NHS Trust [1997] EWHC Admin 850 — Bournewood gap. 2008-09-131997 cases, Deprivation of liberty, No summary, Transcript
Re PS (An Adult); City of Sunderland v PS [2007] EWHC 623 (Fam) — Under inherent jurisdiction the court made orders that (1) PS could lawfully be prevented from leaving residential care unit (2) a receiver would be appointed without the need for a separate application to the Court of Protection. 2008-02-232007 cases, Brief summary, Deprivation of liberty, Other capacity cases, Transcript
R (SSHD) v MHRT, re PH [2002] EWCA Civ 1868 — Conditions of discharge are lawful so long as they do not amount to a deprivation of liberty: in this case, a condition that the patient could not leave a hostel unescorted was lawful; so too could be a condition of residence at a hospital (rough summary) 2007-02-062000 cases, Brief summary, Deprivation of liberty, Discharge conditions, Transcript
JE v DE and Surrey County Council [2006] EWHC 3459 (Fam) — In determining whether a person is deprived of his liberty, the crucial question is whether he is is “free to leave” the institution, not only for approved outings but also permanently to go or live where or with whom he chooses; there can be deprivation of liberty in the absence of a lock or physical barrier, and it can equally be caused by the misuse or misrepresentation of even non-existent authority 2007-01-202006 cases, Deprivation of liberty, Detailed summary, Other capacity cases, Transcript
R (G) v Mental Health Review Tribunal [2004] EWHC 2193 (Admin) — The Tribunal were right to conclude that the conditions which the claimant patient contended for (continued residence at Thornford Park) would be a deprivation, rather than a restriction, of his liberty. The patient's consent to this continuing deprivation of liberty would not confer jurisdiction on the Tribunal.' 2006-04-102004 cases, Brief summary, Deprivation of liberty, Discharge conditions, Transcript
R (SSHD) v MHRT, re MP (2004) EWHC 2194 — Conditions attached to conditional discharge of restricted patients must not be so severe as to deprive the patient of his liberty (as opposed to merely restricting it). In this case the condition that the patient may not leave a hostel without escorts deprived him of his liberty. Re PH distinguished: the purpose of the restrictions (and the hope in PH that the need for them might diminish) was different. 2006-04-102004 cases, Brief summary, Deprivation of liberty, Discharge conditions, Transcript

Article titles

The following 122 pages are in this category.

R