Re YC

Mental Capacity Law Cases

Re YC


Summary What happens when the paperwork authorising a deprivation of liberty under the DoLS regime repeatedly refers to the wrong person?    This question was posed before Senior Judge Hilder in… Read more »

CategoryArticle 5 ECHR - DOLS authorisations, Article 5 ECHR Date

AEL


In Re AEL [2021] EWCOP 9, SJ Hilder considered very strong objections levelled by a family member to the idea that they were depriving their adult child of their liberty. … Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, Article 5 ECHR Date

A County Council v KK & Oths


Summary In this case, Lieven J considered whether a “community DoL” order that had been in place in respect of an 18 year old woman (“JK”) since January 2020 should… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, Article 5 ECHR Date

LB Haringey v Emile


Summary[1] This is a rare example of a contested determination of damages for deprivation of liberty in the context of DoLS.  It arose out of a claim by the local… Read more »

CategoryArticle 5 ECHR, Article 5 ECHR - Damages Date

Re Z (A Child: Deprivation of Liberty: Transition Plan)


In Re Z (A Child: Deprivation of Liberty: Transition Plan) [2020] EWHC 3038 (Fam), Knowles J considered the situation of a 14 year old boy with autism and PDA traits… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, Article 5 ECHR - Children and young persons, Article 5 ECHR Date

Mazhar v Birmingham Community Healthcare Foundation NHS Trust & Ors


In, the Court of Appeal almost, but not quite, answered the question of whether it is lawful to use the inherent jurisdiction to deprive an adult of their liberty.   They… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, Article 5 ECHR Date

DP v LB Hillingdon


Summary[1] In this case, Hayden J has clarified what the court is to do on an s.21A application where it has doubt as to whether it can, on the evidence… Read more »

CategoryPractice and procedure - Other, Article 5 ECHR - Deprivation of liberty, Article 5 ECHR - DOLS authorisations, Article 5 ECHR, Practice and procedure Date

Cornwall Council v NP and BKP


Summary These reconstituted s.21A MCA proceedings concerned a 69-year-old man who, married for 35 years, collapsed in the marital home and was hospitalised with diagnoses of neurological sequelae of herpesviral… Read more »

CategoryBest interests - Residence, Article 5 ECHR - DOLS authorisations, Article 8 ECHR - Residence, Article 5 ECHR, Article 8 ECHR, Best interests Date

A Local Authority v AB


Summary There have been very few cases concerning the meaning of deprivation of liberty in the context of adults since the immediate flurry of post-Cheshire West activity and the decision… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, Article 5 ECHR Date

R(Maguire) v HM Senior Coroner for Blackpool & Fylde


Summary[1] The Court of Appeal has held that there are (perhaps surprising) limits to the obligation upon the state under Article 2 ECHR to investigate the death of those subject… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty Date

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