Lancashire and South Cumbria NHS Foundation Trust v AH [2023] EWCOP 1

Residence "Due to the risk to AH's life because of her inconsistent engagement with services, I was asked initially to approve a care plan for AH that involved a period of assessment in Placement 1. That meant she would spend a period of a few months at the placement. She would be deprived of her liberty there because she was not free to leave and could only leave the placement for visits to her own flat with the permission of staff and was required to return in accordance with her care plan. I am in no doubt that AH is deprived of her liberty. She does not want to be at Placement 1. She wants to be in her own home. She is allowed to go there, but she is in effect on leave when she does, and she has to return to Placement 1 when required. She is not allowed permanently to leave Placement 1 and reside somewhere else. Whilst she is at Placement 1 she is under continuous supervision and control, i.e. necessary monitoring, and is not free to leave as and when she wishes."

Case name

On BAILII as: Re AH (Best Interests).


Essex newsletter 129.pdf
This case has been summarised on page 9 of 39 Essex Chambers, 'Mental Capacity Report' (issue 129, February 2023).


Full judgment: BAILII


Date: 4/1/23🔍

Court: Court of Protection🔍

Judicial history:



  • Lancashire and South Cumbria NHS Foundation Trust🔍
  • Lancashire County Council🔍
  • AH🔍

Citation number(s):

What links here:

Published: 6/6/23 20:30

Cached: 2024-04-13 10:30:11