Is depriving a person of their mobile phone depriving them of their liberty? That was the very 21st century question… Read more
Category: Deprivation of liberty
George Orwell and best interests – DoLS and public protection under the spotlight
In DY v A City Council & Anor [2022] EWCOP 51, Judd J has tackled head on the perennially difficult… Read more
Alice in Wonderland, or using the Human Rights Act to extend the coercive powers of the MHA into the community
When can a mental health patient lawfully remain in the community, rather than in hospital, but be deprived of their… Read more
The Supreme Court grits its teeth – the inherent jurisdiction, deprivation of liberty and children
How should the courts respond to the shortage of provision for children and young people whose needs are such that… Read more
Substance or form? When do repeated errors invalidate a DoLS authorisation?
What happens when the paperwork authorising a deprivation of liberty under the DoLS regime repeatedly refers to the wrong person? … Read more
Deprivation of liberty – establishing the cost to the person (and to the public body)
LB Haringey v Emile [2020] MHLO (CC)[1] is a rare example of a contested determination of damages for deprivation of liberty… Read more
Deprivation of liberty, family members and what s4B does (and doesn’t) say
In Re AEL [2021] EWCOP 9, SJ Hilder considered very strong objections levelled by a family member to the idea… Read more
“Personal examination” means “personal examination” within the MHA
In Devon Partnership NHS Trust v SSHC [2021] EWHC 101 (Admin), handed down on 22 January 2021, the Divisional Court has… Read more
The inherent jurisdiction, deprivation of liberty and out of hours applications
In Mazhar v Birmingham Community Healthcare Foundation NHS Trust & Ors [2020] EWCA Civ 1377 , the Court of Appeal almost,… Read more
Section 21A, interim declarations and an ALR in action
In DP v LB Hillingdon [2020] EWCOP 45, Hayden J has clarified what the court is to do on an… Read more