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Birmingham City Council v SR [2019] EWCOP 28

Deprivation of liberty during conditional discharge (1) Both patients supported but lacked capacity in relation to the proposed care plans, which involved deprivation of liberty concurrently with a conditional discharge, and those plans were in their best interests. (2) Obiter, the division in the MOJ's post-MM guidance (MCA DOL for incapacitous patients whose risk is to themselves, but MHA s17 leave for incapacitous patients whose risk is to others and for capacitous patients) did not withstand scrutiny as it is in patients' best interests to be kept "out of mischief" and therefore out of psychiatric hospital.


The two cases in this judgment were (1) Birmingham City Council v SR and (2) Lancashire County Council v JTA, so sometimes this judgment gets called SR/JTA.

See also


File:Essex newsletter 96.pdf

This case has been summarised on page 27 of 39 Essex Chambers, 'Mental Capacity Report' (issue 96, July 2019).


Full judgment: BAILII


  • Deprivation of liberty🔍
  • Discharge conditions cases🔍

Date: 17/7/19🔍

Court: Court of Protection🔍




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Published: 17/10/20 09:00

Cached: 2021-07-28 01:42:00