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.

Related judgments

  • Cheshire West and Chester Council v P [2014] UKSC 19, [2014] MHLO 16

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