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."

Related judgments

SSJ v Staffordshire County Council and SRK [2016] EWCA Civ 1317, [2016] MHLO 55

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