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Tag: Article 5

Is depriving a person of their mobile phone depriving them of their liberty? MacDonald J decides

Posted on 30 January 2023 Updated on 30 January 2023

Is depriving a person of their mobile phone depriving them of their liberty? That was the very 21st century question… Read more

Posted in Case comments, Deprivation of liberty Tags: Article 5, Article 8, deprivation of liberty, Social media Leave a comment

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Recent Posts

The Terminally Ill Adults (End of Life) Bill is not good law – a briefing on the problems and how to fix them
17 September 2025
As some may know, I am a member of the Complex Life and Death Decisions Group (CLADD). CLADD is a... …Read More »
Disabled Children’s Social Care – Law Commission final report now published
16 September 2025
[The Law Commission’s Disabled Children’s Social Care project – on which I was a consultant – has published its final... …Read More »
Law Commission 14th programme of law reform – and a vulnerable adults project on the horizon?
14 September 2025
The Law Commission of England & Wales published its 14th programme of law reform on 4 September – i.e. its... …Read More »
39 Essex Chambers Mental Capacity Report September 2025 (and walkthrough)
3 September 2025
The September 2025 Report is now out. Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty... …Read More »
SCIE sounds the alarm on MCA reform
27 August 2025
The Social Care Institute for Excellence is not normally an alarmist body, which makes its recent (26 August 2025) statement... …Read More »

National Archives Mental Capacity cases

Lioubov Macpherson v Sunderland City Council 9 September 2025
BRO, R (on the application of) v Secretary of State for the Home Department 26 August 2025
W, Re: Capacity to Engage in Sexual Relations & Marry 26 August 2025
The Hillingdon Hospitals NHS Foundation Trust v YD & Others (Refusal of Withdrawal of Treatment) 12 August 2025
London Borough of X v Mrs Z & Anor 31 July 2025
TLA v Chelsea and Westminster NHS Foundation Trust 29 July 2025
G, Re (A Child) 28 July 2025
St George’s University Hospitals NHS Foundation Trust v MN 28 July 2025
DP v The London Borough of Lambeth 25 July 2025
D1914 & Anor, R (on the application of) v Secretary of State for the Home Department 21 July 2025

National Archives Mental Health Act cases

West Berkshire Council v Mother & Ors 16 September 2025
Arion Kurtaj v R 11 September 2025
ER v NT (Need for fact finding hearing) 27 August 2025
BRO, R (on the application of) v Secretary of State for the Home Department 26 August 2025
Noel Anthony Clarke v Guardian News and Media Limited 22 August 2025
Fatheya Ali, R (on the application of) v HM Assistant Coroner for Inner North London 12 August 2025
Colin Anditon, R (on the application of) v Parole Board for England and Wales 8 August 2025
SA v The Secretary of State for the Home Department 1 August 2025
Patricia's Father & Ors v Patricia (by her litigation friend, the Official Solicitor) & Ors 31 July 2025
Gwladys Fertré v Vale of White Horse District Council 31 July 2025

Mental Health Law Online updates

Case (Financial complaint). Norfolk County Council (24 008 908) [2025] MHLO 16 (LGSCO)
Case (Sex and marriage). Re W (Capacity to engage in sexual relations and marry) [2025] EWCOP 32 (T2)
Case (Contempt appeal). Macpherson v Sunderland City Council [2025] EWCA Civ 1159
Case (Capacity and contempt). Macpherson v Sunderland City Council [2025] EWCOP 18 (T3)
Event. MHLA: Panel course (online, 3-4 November 2025)
Job advert. Campbell Law Solicitors, Milton Keynes - COP/mental capacity lawyer (deadline 17 November 2025).
Case (Committal proceedings). Torbay Council v Bench [2023] EWCOP 75 (T2)
COPUG minutes. COP User Group, 'Meeting (P and A): Minutes and action points' (9 July 2025)
Mental capacity law newsletter. 39 Essex Chambers, 'Mental Capacity Report' (issue 153, September 2005)
Event. Court of Protection User Group: General meeting (online, 22 October 2025)

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