In re AJ (Deprivation Of Liberty: Safeguards) – WLR Daily

In re AJ (Deprivation Of Liberty: Safeguards) [2015] EWCOP 5 ; [2015] WLR (D) 64

‘In situations involving a deprivation of liberty local authorities and professionals needed to be alert to cases where vulnerable people were admitted to residential care, ostensibly for respite care, when the underlying plan was for a permanent placement without proper consideration of their rights under article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 10th February 2015

Source: www.iclr.co.uk

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Elderly man ‘held prisoner’ in care home – Daily Telegraph

‘An elderly man suffering from dementia was treated like a “prisoner” after social workers dispatched him to a nursing home against his and his family’s wishes without going through proper legal processes, a formal investigation has found.’

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Daily Telegraph, 28th January 2015

Source: www.telegraph.co.uk

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Nonagenarian unlawfully detained in care home for nearly two years – UK Human Rights Blog

‘The Court of Protection has castigated the actions of a County Council in depriving an old person of his liberty and dignity in their overreaction to reports that he might be subjected to financial exploitation. This, said the judge, amounted to punishing the victim for the acts of the perpetrators.’

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UK Human Rights Blog, 22nd January 2015

Source: www.ukhumanrightsblog.com

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Have we lost sight of J.S. Mill’s concept of the right to liberty? Article 5 in the Court of Protection – UK Human Rights Blog

‘Mostyn J has pulled no punches in rejecting an application for a declaration that an incapacitated person, being looked after in her own home, has been deprived of her liberty contrary to Article 5. There is a very full account of the judgment on the Mental Capacity Law and Policy blog so I will keep this summary short.’

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UK Human Rights Blog, 21st November 2014

Source: www.ukhumanrightsblog.com

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Rochdale Metropolitan Borough Council v KW and others – WLR Daily

Rochdale Metropolitan Borough Council v KW and others: [2014] EWCOP 45; [2014] WLR (D) 493

‘Article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms was not engaged where a person, often elderly, who was both physically and mentally disabled to a severe extent, was being looked after in her own home and where the arrangements had been made and paid for by a local authority rather than by the person’s own, or family, funds.’

WLR Daily, 18th November 2014

Source: www.iclr.co.uk

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In re X and others (Court of Protection Guidance: Deprivation of Liberty Cases) (No 2)- WLR Daily

In re X and others (Court of Protection Guidance: Deprivation of Liberty Cases) (No 2) [2014] EWCOP 37; [2014] WLR (D) 434

‘Further guidance 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 Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 16th October 2014

Source: www.iclr.co.uk

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Care home restraint seven times level previously thought – Daily Telegraph

‘At least seven times as many elderly and disabled people are being routinely restrained or locked up in care homes and hospitals as previously thought, new Government figures suggest. Councils have faced a surge in applications for legal clearance to deprive patients of their liberty following a landmark Supreme Court ruling earlier this year upholding the right of those deemed to lack mental capacity to the same basic freedoms as everyone else.’

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Daily Telegraph, 2nd October 2014

Source: www.telegraph.co.uk

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Claimants apply to Court of Appeal over approach to deprivation of liberty cases – Local Government Lawyer

‘An application has been made to the Court of Appeal for leave to appeal two key parts of a ruling by the President of the Court of Protection that was intended to streamline the handling of deprivation of liberty cases after the Cheshire West judgment.’

Full source

Local Government Lawyer, 30th September 2014

Source: www.localgovernmentlawyer.co.uk

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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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