In AC v Patricia Hickey General Solicitor and Ors & AC v Fitzpatrick and Ors [2019] IESC 73, the Irish… Read more
The Irish Bournewood?
Category: Deprivation of liberty
CTOs and community deprivation of liberty – some welcome clarity
Since the decisions of the Supreme Court in MM and PJ, lurking issues have remained about the position of individuals lacking capacity… Read more
Deprivation of liberty – appropriate places and appropriate treatment
In Rooman v Belgium [2019] ECHR 105, the Grand Chamber of the European Court of Human Rights undertook an important… Read more
No more confining by ‘necessary implication’ – the Supreme Court returns CTOs to their original purpose
In Welsh Ministers v PJ [2018] UKSC 66, the Supreme Court has reversed the curious and controversial decision in PJ,… Read more
Four years on from Cheshire West – some brief reflections
This time four years ago, the world shifted on its axis as the Supreme Court handed down its decision in… Read more
Deprivation of liberty in the hospital setting – new guidance note
My colleagues from the doughty 39 Essex Chambers Mental Capacity Report team and I have sought to wrestle with the change of… Read more
Confinement, consent and judicial authorisation for children
In Re A-F (Children) [2018] EWHC 138 (Fam), Sir James Munby P has pronounced upon two key issues in relation… Read more
Deckchairs on the legal Titanic? The Re X saga continues
In Re KT & Ors [2018] EWCOP 1, Charles J has returned – again – to the vexed question of… Read more
‘Teen Bournewood’: Court of Appeal decision now out
The Court of Appeal ([2017] EWCA Civ 1695) has allowed the appeal by Birmingham City Council (‘Birmingham’) against the judgment… Read more
Rule 3A representatives, family members (and the ‘obiter trap’)
District Judge Bellamy has very recently (20 September) added to the small but important body of case-law concerning Rule 3A… Read more