Sign up for MHLO on the Subscriptions page: you can sign up for free email updates, the email discussion list, the online forum and the CPD scheme (which provides 12 hours for £60 and is suitable for lawyers and non-lawyers).

Online forum | Latest topic on forum: Sec 72 (1) b ii MHA

Cheshire West and Chester Council v P [2014] UKSC 19

(Redirected from Cheshire West and Chester Council v P (2014) UKSC 19, (2014) MHLO 16)

(1) The 'acid test' for deprivation of liberty is whether the person is under continuous supervision and control and is not free to leave. (2) The following are not relevant: (a) the person's compliance or lack of objection; (b) the relative normality of the placement (whatever the comparison made); and (c) the reason or purpose behind a particular placement. (3) Because of the extreme vulnerability of people like P, MIG and MEG, decision-makers should err on the side of caution in deciding what constitutes a deprivation of liberty.

Related judgments

Citation

[2014] MHLO 16

External links

  • BAILII
    - Includes link to press summary