header-logo header-logo

Home Login E-newsletter About us
06 May 2020 / Laura Davidson
Issue: 7885 / Categories: Features , Covid-19 , Human rights , Mental health
printer mail-detail

COVID-19: Deprivation of Liberty Safeguards

© Copyright LexisNexis 2026. All Rights Reserved.
Credit: Gettyimages/iStockphoto

Laura Davidson discusses an urgent Court of Protection hearing held over Skype which demonstrates the powerful & competing rights & interests of care home residents lawfully deprived of their liberty during the coronavirus pandemic
  • BP v Surrey County Council and RP [2020] EWCOP 17 considered the ramifications of the current coronavirus pandemic for care home residents lawfully deprived of their liberty under the Deprivation of Liberty Safeguards, and assessed BP’s best interests in terms of residence where his rights under Article 8 were being severely curtailed.
  • A subsequent permission hearing is also discussed ([2020] EWCOP 22). NB copy updated: 06 May 2020

BP, a former bookmaker, is 83 years old, deaf, and suffers from Alzheimer’s disease. Safeguarding concerns had been raised due to an allegation that his disease had caused him to be aggressive towards his wife, RP. He had been moved to SH care home as a self-funder in June 2019 following hospital in-patient treatment, but had always objected to his new placement, wishing to return home.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Read All
Sponsored by
NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Gardner Leader—Michelle Morgan & Catherine Morris

Gardner Leader—Michelle Morgan & Catherine Morris

Regional law firm expands employment team with partner and senior associate hires

Freeths—Carly Harwood & Tom Newton

Freeths—Carly Harwood & Tom Newton

Nottinghamtrusts, estates and tax team welcomes two senior associates

NEWS
Read All
‘Lost years’ precedent overturned
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
NLJ this week: Short lets & sharp covenants
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
NLJ this week: Justice at the algorithm’s edge
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
NLJ this week: When ‘milk’ really means milk
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
NLJ this week: Civil practice with claws & caution
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
Copyright © 2026 LexisNexis
back-to-top-scroll