Discussion paper: Deprivation of Liberty, Cheshire West and the CRPD:

For those wanting some holiday reading, you may wish to have a look at my discussion paper looking at whether there may be room in which to revisit Cheshire West to capture (in a principled fashion) what appears to be an instinctive difference between: (a) the position of a person who is confined, cannot consent to that confinement applying the provisions of the Mental Capacity Act 2005, but where there appears to be no element of coercion or the deployment of measures against their will; (b) the position of a person who is confined, cannot consent to that confinement, but is subject to coercion.

NB: what is set out in the discussion paper does not represent the law as it stands, but the law as it might be!  (And the usual caveats about the status of posts on my website applies).

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