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.
Hearing: 17/5/12 and 18/5/12
Before: Baker J
Michael Dooley, Solicitor, of the Local Authority's Legal Services Unit for the Applicant
Leonie Hirst (instructed by Conroys) for the 1st Respondent
The 2nd Respondent was not present or represented
Wrongly on Bailii as: KK v STCC