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AJ (by her Litigation Friend the Official Solicitor) v A Local Authority  EWCOP 5
Sep 29, 2018, 22:28 PM
Mental Capacity Act 2005, deprivation of liberty, local authority ensuring person who lacks capacity is able to challenge liberty deprivation
This case raises a number of issues about the provisions of the Mental Capacity Act 2005, and in particular the amendments that were introduced into that Act by the Mental Health Act 2007 concerning the procedures to be followed in cases of deprivation of liberty. The provisions under consideration include the selection and appointment of relevant person's representatives under Part 10 of Schedule A1 and independent mental capacity advocates under s.39D which have not, so far as I am aware, been considered in any previous judgment. More fundamentally, the case addresses the question of the extent of the duty on a local authority to ensure that a person who lacks capacity is able to challenge a deprivation of their liberty.