North Yorkshire County Council v MAG  EWCOP 64,  MHLO 69
The Council sought a declaration that it was in MAG's best interests (a) to be deprived of his liberty and reside in his current placement, and (b) for the Corporate Director of Health and Adult services to enter into a tenancy agreement on MAG's behalf in relation to the current placement. (1) The reference in Re MN (An Adult)  EWCA Civ 411 to the ability of the Court of Protection to explore the care plan put forward by a public authority and the inability of the Court to compel a public authority to agree to a care plan which it is not willing to implement does not apply when the issue is the right to liberty under Article 5. (2) The placement at which MAG had been deprived of his liberty for 9 years did not meet his needs (for instance, there was insufficient room to manoeuvre a wheelchair indoors, so he had to mobilise on his hands and knees causing physical problems including bursitis and a recurring fungal infection in his thigh) and the council had not taken the steps necessary to ensure that there was no breach of its obligations. The court therefore refused to continue an interim deprivation of liberty authorisation. [Caution: see subsequent Court of Appeal decision.]
Thanks to Alex Ruck Keene (39 Essex Chambers) for providing the judgment.