header-logo header-logo

01 December 2011
Issue: 7492 / Categories: Case law , Law digest , In Court
printer mail-detail

Human rights

Cheshire West and Chester Council v P [2011] EWCA Civ 1257, [2011] All ER (D) 150 (Nov)

In determining whether the care plan for a vulnerable adult amounted to a deprivation of liberty contrary to Art 5 of the European Convention on Human Rights, the starting point was the “concrete situation”, taking account of a range of criteria such as the type, direction, effects and manner of implementation of the measure in question. The difference between deprivation of and restriction upon liberty was merely one of degree or intensity, not or nature or substance. Deprivation of liberty had to be distinguished from restraint.

Restraint by itself was not deprivation of liberty. Account had to be taken of the individual’s whole situation. The context was crucial. Mere lack of capacity to consent to living arrangements could not in itself create a deprivation of liberty. In determining whether or not there was a deprivation of liberty, it was legitimate to have regard both to the objective “reason” why someone was placed and treated as they were and also to

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

Sackers—Zak Ullah

Sackers—Zak Ullah

Sackers welcomes new associate

Christy Davies—Birmingham Law Society

Christy Davies—Birmingham Law Society

Ward Hadaway lawyer joins Birmingham Law Society Council

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons expands Chelmsford commercial litigation team with two appointments

NEWS
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
back-to-top-scroll