Severely disabled man’s care plan not a deprivation of liberty – Court of Appeal – UK Human Rights Blog

Posted November 17th, 2011 in disabled persons, freedom of movement, human rights, learning difficulties, news by tracey

“When assessing whether a patient’s care deprives him or her of their liberty, and thereby entitles them to the procedural protections under Article 5 (4) ECHR, the right to liberty, the Court of Appeal has ruled that the appropriate comparator is an individual with the same disabilities and difficulties who is not in care. The court also provided useful general guidance for deprivation of liberty cases.”

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UK Human Rights Blog, 17th November 2011