London Borough of Havering v AEL [2021] EWCOP 9

Deprivation of liberty in own home The father of AEL, a 31-year-old woman with trisomy 4p syndrome, objected to the description of his care for his daughter as a deprivation of liberty, his approach to care being founded on the principle that "AEL decides what she wants to do and when she wants to do it excepting if her safety could be compromised". The judge applied the Cheshire West "acid test", and decided that the objective element of deprivation of liberty was met (the subjective element and imputability to the state were not discussed) and therefore that AEL was being deprived of her liberty.

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This case has been summarised on page 9 of 39 Essex Chambers, 'Mental Capacity Report' (issue 111, February 2021).

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Full judgment: BAILII

Subject(s):

  • Deprivation of liberty🔍

Date: 4/1/21🔍

Court: Court of Protection🔍

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Published: 10/10/21 20:33

Cached: 2021-12-03 22:59:00