header-logo header-logo

Home Login E-newsletter About us
12 February 2016
Issue: 7686 / Categories: Case law , Law digest , In Court
printer mail-detail

Mental health

© Copyright LexisNexis 2026. All Rights Reserved.

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.

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
Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
Read All
NLJ this week: Company conspiracy clarified
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
NLJ this week: Home is where intent lies
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
NLJ this week: Farewell to Chancery
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
NLJ this week: Silence carries a price
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
NLJ this week: Costs sting after a courtroom gamble
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
Copyright © 2026 LexisNexis
back-to-top-scroll