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Streamlining: judicial authorisation of deprivation of liberty (£)

Date:30 SEP 2014
Third slide
Family Law

When the Supreme Court handed down its judgment in P v Cheshire West and Chester Council and Another; P and Q v Surrey County Council  [2014] UKSC 19   [2014] COPLR 313 it was generally considered that the decision firstly extended Art 5 provisions cardinal to protecting rights of liberty and security to those who lack capacity receiving care and support from the state and secondly widened the interpretation of what a deprivation of liberty means. The effect has been to increase enormously the numbers of people lacking capacity (P) who require their arrangements to be authorised where they amount to a deprivation of liberty. Consequently concerns were raised on the practical and procedural implications for the Court of Protection of the increase in the applications to an already overloaded Court.

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