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JS Mill strikes back – Mostyn J takes on the Supreme Court
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Mr Justice Mostyn is nothing if not brave. In a decision handed down on 18 November 2014:
Rochdale MBC v KW [2014] EWCOP 45 he took on the Supreme Court in
Cheshire West and demanded that it 'reconsider' the application of Article 5 ECHR in the context of deprivation of liberty at home (if not indeed more broadly).
Summary
The case concerned a 52-year-old woman 'Katherine' cared for in her own home. As a result of a subarachnoid haemorrhage sustained during a medical operation many years previously she had cognitive and mental health problems epilepsy and physical disability. At the time that the matter came before Mostyn J she was cared for in her own home with a package of 24/7 care funded jointly by Rochdale MBC and the local CCG. Mr Justice Mostyn described her situation thus:
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