It is exceptionally unusual for a judge, let alone a very senior judge, actively to invite a claim to be brought against the State for … Read More ›
Category: Deprivation of liberty
Is depriving a person of their mobile phone depriving them of their liberty? That was the very 21st century question confronting MacDonald J in Manchester … Read More ›
In DY v A City Council & Anor [2022] EWCOP 51, Judd J has tackled head on the perennially difficult question of whether and how … Read More ›
When can a mental health patient lawfully remain in the community, rather than in hospital, but be deprived of their liberty there? In 2018, the … Read More ›
How should the courts respond to the shortage of provision for children and young people whose needs are such that they require special limitations on … Read More ›
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 … Read More ›
LB Haringey v Emile [2020] MHLO (CC)[1] is a rare example of a contested determination of damages for deprivation of liberty in the context of DoLS. … Read More ›
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 … Read More ›
In Devon Partnership NHS Trust v SSHC [2021] EWHC 101 (Admin), handed down on 22 January 2021, the Divisional Court has held that “the phrases “personally … Read More ›
In Mazhar v Birmingham Community Healthcare Foundation NHS Trust & Ors [2020] EWCA Civ 1377 , the Court of Appeal almost, but not quite, answered the … Read More ›