In Rooman v Belgium [2019] ECHR 105, the Grand Chamber of the European Court of Human Rights undertook an important… Read more
Deprivation of liberty – appropriate places and appropriate treatment
Category: Deprivation of liberty
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
Deprivation of liberty in intensive care – the Court of Appeal decides
The Court of Appeal has this morning (26 January) handed down judgment in R(Ferreira) v HM Senior Coroner for Inner… Read more
When to bring an s21A application – flowchart
My admirable colleague Tor Butler-Cole has produced this useful chart to summarise in graphic form the effect of Baker J’s… Read more