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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."

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