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12 February 2016
Issue: 7686 / Categories: Case law , Law digest , In Court
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Mental health

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North Yorkshire County Council and another v MAG and another [2016] EWCOP 5, [2016] All ER (D) 148 (Jan)

The Court of Protection allowed an appeal by a local authority against a decision by a trial judge refusing to authorise a patient’s deprivation of liberty in his home pursuant to s 16 of the Mental Capacity Act 2005. The court found that the judge had, in her zeal to have the patient accommodated more suitably, failed to apply the best interests test by which all substantive decisions of the court were governed. Had she applied that test she could have granted the authorisation.

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