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."

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