header-logo header-logo

18 March 2011 / Barbara Hewson
Issue: 7457 / Categories: Features , Family
printer mail-detail

Rescue or detention?

Barbara Hewson discusses the Court of Appeal’s latest ruling on deprivation of liberty

The Court of Appeal gave judgment last month in a test case on the limits of Art 5 of the European Convention on Human Rights (P & Q v Surrey County Council [2011] EWCA Civ 190, [2011] All ER (D) 286 (Feb)). The case, formerly known as MiG & MeG, had become something of a cause célèbre for lawyers practising in the field of mental capacity. But what did the court decide? It unanimously upheld a decision of the High Court (Parker J) that two young women who had been rescued from an abusive family environment were not being deprived of their liberty.

Judicial retreat

The case illustrates a judicial retreat from the implications of the Bournewood decision, HL v United Kingdom (2004) 40 EHRR 761. HL was an autistic man who was taken to a mental hospital, after an incident of self-harm in a day centre.

HL lacked capacity to agree to stay in hospital on a voluntary basis, and

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

NLJ Career Profile: Nick McDonnell, Kain Knight

NLJ Career Profile: Nick McDonnell, Kain Knight

Nick McDonnell of Kain Knight reflects on an unexpected legal career, his drive to support vulnerable clients and the surprising pleasures of watching nothing happen

Mayo Wynne Baxter—Angela Arnold

Mayo Wynne Baxter—Angela Arnold

Mayo Wynne Baxter strengthens property team with new partner appointment

WilmerHale—Jeremy Kosky & Charlie Lightfoot

WilmerHale—Jeremy Kosky & Charlie Lightfoot

WilmerHale expands London disputes capabilities with addition of two leading partners

NEWS
Lawyers have welcomed the Lord Chancellor’s reverse-ferret on jury reforms, but expressed ‘serious concerns’ about the decision to exclude fraud trials
From ‘rats in the robing room’ to ‘overworked’ judges and a shortage of court staff, barristers have aired their concerns about the state of the justice system
The use of agentic artificial intelligence (AI) poses ‘significant risks’ across the justice system, public services and government, and current regulation is ‘poorly suited’ to control it, experts have warned
The solicitors’ regulator has paused controversial plans to exclude owner-managers from compliance officer roles
The government has launched a £16m legal support grant to support 48 frontline legal advice organisations supporting people facing eviction, problem debt, benefit disputes and family breakdown
back-to-top-scroll