Spotlight
Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
The need for proportionality and the ‘Covid impact’
Simon Wilkinson, Parklane PlowdenThe Covid-19 pandemic has infiltrated every aspect of our lives. Within the courts and tribunals service there has been a plethora of guidance since March 2020 which...
Local authority input into private law proceedings, part II
Mani Singh Basi, Barrister, 4 Paper BuildingsLucy Logan Green, Barrister, 4 Paper BuildingThis article considers the interplay between private and public law proceedings, focusing on the law relating...
Time for change (II)
Lisa Parkinson, Family mediation trainer, co-founder and a Vice-President of the Family Mediators AssociationThe family law community needs to respond to the urgent call for change from the...
How Can I Wed Thee? – Let Me Change the Ways: the Law Commission’s Consultation Paper on ‘Weddings’ Law (2020)
Professor Chris Barton, A Vice-President of the Family Mediators Association, Academic Door Tenant, Regent Chambers, Stoke-on-TrentThis article considers the Paper's 91 Consultation Questions...
Consultation on the proposed transfer of the assessment of all civil legal aid bills of costs to the Legal Aid Agency
The Ministry of Justice has launched a consultation on the proposed transfer from Her Majesty's Courts and Tribunals Service to the Legal Aid Agency of the assessment of all civil legal aid bills of...
View all articles
Authors

DEPRIVATION OF LIBERTY: Cheshire West and Chester Council v P [2011] EWCA Civ 1257, [2012] COPLR 37

Sep 29, 2018, 21:31 PM
Slug : 2011ewcaciv1257
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : May 23, 2012, 02:40 AM
Article ID : 98855

(Court of Appeal, Pill, Lloyd, Munby LJJ, 9 November 2011)

The 39-year-old man had substantial physical and learning difficulties. He lived in a community placement bungalow with other disabled people and received close one-to-one supervision during the daytime but was able to have regular access to the community with his carers. He displayed difficult and challenging behaviour including putting objects in his mouth which required support staff to employ various distraction techniques and when required use a ‘finger sweep' to ensure articles were removed from his mouth. At first instance Baker J found that the man had been deprived of his liberty because he could not go anywhere or do anything without the support staff, was at times subject to physical restraint and the use of the finger sweep. The local authority appealed.

Allowing the appeal substituting a declaration that the man was not deprived of his liberty. The assessment of whether a person was deprived of his liberty required consideration of a number of factors and the context of the person's situation. The judge should have compared what the man's situation would have been in a family setting. The restrictions imposed were no more than the inevitable corollary of his various disabilities.

Categories :
  • Court of Protection
  • Judgments
Tags :
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from