Spotlight
Family Court Practice, The
Order the 2021 edition due out in May
Court of Protection Practice 2021
'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
Re R (Children) (Control of Court Documents) [2021] EWCA Civ 162
(Court of Appeal (Civil Division), King, Peter Jackson, Elisabeth Laing LJJ, 12 February 2021)Practice and Procedure – Disclosure of court documents – Sexual abuse findings –...
AG v VD [2021] EWFC 9
(Family Court, Cohen J, 04 February 2021) Financial Remedies – Matrimonial and Family Proceedings Act 1984, Part III – Russian divorceThe wife was awarded just under £6m...
Become the new General Editor of The Family Court Practice, the definitive word on family law and procedure
The Family Court Practice (‘The Red Book’) is widely acknowledged as the leading court reference work for all family practitioners and the judiciary. We are currently recruiting a...
SCTS releases new simplified divorce and dissolution forms for Scotland
The Scottish Courts and Tribunals Service (SCTS) has released new simplified divorce and dissolution forms of application. As a result of legislation repealing Council Regulation EC 2201/2003, the...
Welsh Government launches consultation on amendments to adoption regulations
The Welsh Government has launched a consultation on the proposed amendments to the Adoption Agencies (Wales) Regulations 2005 and the Care Planning, Placement and Case Review (Wales) Regulations 2015....
View all articles
Authors

LOCAL AUTHORITY: JE v DE (By the Official Solicitor) Surrey County Council and EW [2006] EWHC 3459 (Fam)

Sep 29, 2018, 17:33 PM
Slug : je-v-de-by-the-official-solicitor-surrey-county-council-and-ew-2006-ewhc-3459-fam
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Dec 29, 2006, 04:23 AM
Article ID : 88217

(Family Division; Munby J; 29 December 2006)

A 76 year old man, blind and with significant short-term memory loss, who had been placed in a residential care home, but who repeatedly expressed his wish to go to live with his wife at home, had been and continued to be deprived of his liberty by the local authority. The simple reality was that the man would be permitted to leave the residential care home, and released into the wife's care, only as and when the authority considered it to be appropriate. A person could be as effectively deprived of his liberty by the misuse or misrepresentation of even non-existent authority as by locked doors and physical barriers. A final hearing was to determine issues of capacity and justification.

Categories :
  • Archive
  • Judgments
Tags :
Authors
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from