Deprivation of liberty in the hospital setting: updated guide

The 39 Essex Chambers guide to deprivation of liberty in the hospital setting has now been updated, in particular to take account of the decision of the Supreme Court in Re D (A Child) [2019] UKSC 42.  In that decision:

  • the Supreme Court confirmed that a parent cannot authorise the confinement of their 16 or 17 year old child, which means that hospitals will have to consider the basis upon which such individuals are confined and, pending the coming into force of the Liberty Protection Safeguards, potentially make applications to court;
  • Lady Arden restated, and confirmed, the scope of the exception of the application of the concept of deprivation of liberty in the context of the delivery of urgent life-saving treatment.

The guide can be found here.

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