Court of Protection judge slams council for depriving autistic woman of her liberty – Local Government Lawyer

‘A judge has accused a county council of “a systemic failure” in a strongly-worded ruling in which he found the authority to have wrongfully deprived a 19-year-old autistic woman of her liberty and breached her human rights.’

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Local Government Lawyer, 24th September 2014

Source: www.localgovernmentlawyer.co.uk

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In re X and others (Court of Protection Guidance: Deprivation of Liberty Cases) – WLR Daily

In re X and others (Court of Protection Guidance: Deprivation of Liberty Cases) [2014] EWCOP 25; [2014] WLR (D) 376

‘Guidance given on the approach to a “streamlined” process to deal with all deprivation of liberty (“DoL”) cases in a timely but just and fair way which was compliant with article 5 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 7th August 2014

Source: www.iclr.co.uk

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Judge condemns council for ‘unlawful detention’ of pensioner moved to care home – Daily Telegraph

‘A woman was “unlawfully deprived of her” liberty and her right to family life breached when she was removed from her home by a local council, a judge has ruled.’

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Daily Telegraph, 17th May 2014

Source: www.telegraph.co.uk

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Courts braced for surge in cases of elderly locked up against their will – Daily Telegraph

‘The President of the Family Division of the High Court Sir James Munby predicts rush of claims from care home patients held in ‘cages’.’

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Daily Telegraph, 8th May 2014

Source: www.telegraph.co.uk

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“A gilded cage is still a cage” – Supreme Court on deprivation of liberty for the mentally incapacitated – UK Human Rights Blog

‘Mentally incapacitated people have the same rights to liberty as everyone else. If their own living arrangements would amount to a deprivation of liberty of a non-disabled individual then these would also be a deprivation of liberty for the disabled person. So says the Supreme Court, which has ruled that disabled people are entitled to periodic independent checks to ensure that the deprivation of liberty remains justified.’

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UK Human Rights Blog, 8th April 2014

Source: www.ukhumanrightsblog.com

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Deprivation of liberty – time to rip up the DOLS regime and start again – Halsbury’s Law Exchange

‘The dust is now beginning to settle, slightly, after the earthquake that was the decision of the Supreme Court in the conjoined appeals of Cheshire West and P and Q, which extends the criteria for determining whether living arrangements made for mentally incapacitated individuals amount to a deprivation of liberty.’

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Halsbury’s Law Exchange, 25th March 2014

Source: www.halsburyslawexchange.co.uk

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P (by his litigation friend the Official Solicitor) (Appellant) v Cheshire West and Chester Council and another (Respondents); P and Q (by their litigation friend, the Official Solicitor) (Appellants) v Surrey County Council (Respondent) – Supreme Court

P (by his litigation friend the Official Solicitor) (Appellant) v Cheshire West and Chester Council and another (Respondents); P and Q (by their litigation friend, the Official Solicitor) (Appellants) v Surrey County Council (Respondent) [2014] UKSC 19 (YouTube)

Supreme Court, 19th March 2014

Source: www.youtube.com/user/UKSupremeCourt

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Surrey County Council v P and others (Equality and Human Rights Commission and others intervening); Cheshire West and Chester Council v P and another (Same intervening) – WLR Daily

Surrey County Council v P and others (Equality and Human Rights Commission and others intervening); Cheshire West and Chester Council v P and another (Same intervening) [2014] UKSC 19; [2014] WLR (D) 140

‘Mentally incapacitated persons had the same rights to liberty as everyone else, and if their living arrangements would amount to a deprivation of liberty of a capacitous person they were also a deprivation of liberty of the incapacitated person, who was therefore entitled to periodic independent checks to ensure that the deprivation of liberty remained justified in his or her best interests.’

WLR Daily, 19th March 2014

Source: www.iclr.co.uk

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Deprivation of Liberty Defined by the Supreme Court: a difference of views concerning deprivation of liberty of disabled persons – Garden Court Chambers Blog

‘Tim Baldwin comments on today’s Supreme Court judgment regarding the deprivation of liberty of people with disabilities.

This note concerns the case of P (by his litigation friend the Official Solicitor) (Appellant) v Cheshire West and Chester Council and another (Respondents); P and Q (by their litigation friend, the Official Solicitor)(Appellants) v Surrey County Council (Respondent) [2014] UKSC 19 handed down on the 19 March 2014.’

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Garden Court Chambers Blog, 19th March 2014

Source: www.gclaw.wordpress.com

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Disabled patients ‘have right to liberty’, Supreme Court rules – BBC News

‘Disabled people have the same right to “physical liberty” as others, one of the UK’s most senior judges has said. Lady Hale, deputy president of the Supreme Court, said the state had a duty to uphold that right and to cater for disabled people.’

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BBC News, 19th March 2014

Source: www.bbc.co.uk

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Mental Capacity Act 2005 – a damning report – Halsbury’s Law Exchange

‘The House of Lords Select Committee appointed to undertake post-legislative scrutiny of the Mental Capacity Act 2005 (MCA 2005) has now reported. After a mammoth evidence gathering exercise (the transcripts of the oral evidence received and the written evidence submitted ran to almost 2,000 pages), the Committee has provided a damning report upon almost all aspects of the (lack of) implementation of the MCA 2005.’

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Halsbury’s Law Exchange, 17th March 2014

Source: www.halsburyslawexchange.co.uk

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Vulnerable people ‘being kept prisoner in care homes’ – The Guardian

‘Tens of thousands of the most vulnerable patients are effectively being kept prisoner in care homes and hospitals through misuse of mental health laws, a damning House of Lords investigation has found.’

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The Guardian, 13th March 2014

Source: www.guardian.co.uk

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Court of Protection Update – Family Law Week

‘Sally Bradley and Michael Edwards, barristers of 4 Paper Buildings, consider the President’s guidance on transparency in the Court of Protection as well as the most important recent judgments.’

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Family Law Week, 16th February 2014

Source: www.familylawweek.co.uk

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Hazards with the use of Court-approved Deprivation of Liberty Safeguards (DoLS) and Legal aid – Thirty Nine Essex Street

Posted November 5th, 2013 in deprivation of liberty safeguards, legal aid, mental health, news by sally

“This paper has been prepared for the information of legal practitioners by the Law Society’s Mental Health and Disability Committee. It sets out our concerns as to the impact of the Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013 on the entitlement to non-means tested legal aid in DoLs cases where there is court challenge to a DoLS authorisation.”

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Thirty Nine Essex Street, November 2013

Source: www.39essex.com

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Tying ourselves into (Gordian) knots? – Thirty Nine Essex Street

“This paper seeks to take a step back from the intricacies of the DOLS regime that we have learned to know and, at best (I sense) tolerate since it was introduced in April 2009. Rather, it seeks to re examine the fundamental question of what constitutes a deprivation of liberty for purposes of Article 5(1) ECHR in the context of those without capacity to determine their own residence and care/treatment arrangements.”

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Thirty Nine Essex Street, November 2012

Source: www.39essex.com

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