This time four years ago, the world shifted on its axis as the Supreme Court handed down its decision in Cheshire West. It is undoubtedly far too early to tell its true impact, but it is an important coincidence that it is this week that the Joint Committee on Human Rights will start hearing oral […]
Posts tagged deprivation of liberty
Reminder – JCHR DOLS inquiry ca...
The JCHR has launched an inquiry into the Right to freedom and safety: Reform of the Deprivation of Liberty Safeguards. The Committee is issuing an open call for evidence from interested parties and would welcome written submissions (of no more than 1,500 words) by Friday 2 March on: Whether the Law Commission’s proposals for Liberty […]
Joint Committee on Human Rights inqui...
The JCHR has launched an inquiry into the Right to freedom and safety: Reform of the Deprivation of Liberty Safeguards. The Committee is issuing an open call for evidence from interested parties and would welcome written submissions (of no more than 1,500 words) by Friday 2 March on: Whether the Law Commission’s proposals for Liberty […]
Deprivation of liberty in the hospita...
My colleagues from the doughty 39 Essex Chambers Mental Capacity Report team and I have sought to wrestle with the change of tack from the courts as regards the application of the concept of deprivation of liberty in the hospital setting. Our revised guidance note (entirely replacing the discussion paper I had co-authored in 2015) can now […]
Confinement, consent and judicial aut...
In Re A-F (Children) [2018] EWHC 138 (Fam), Sir James Munby P has pronounced upon two key issues in relation to deprivation of liberty and children: 1.When is a child to be considered to be confined (i.e. for the purpose of the first of the three limbs required to establish a deprivation of liberty, the […]
Deckchairs on the legal Titanic? The ...
In Re KT & Ors [2018] EWCOP 1, Charles J has returned – again – to the vexed question of how Re X applications (now, strictly, COPDOL11 applications) can proceed where there is no-one can properly play the part of Rule 3A (now Rule 1.2(5)) representative. Charles J considered four test cases of the now […]
Discussion paper: Deprivation of Libe...
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 […]
‘Teen Bournewood’: Court ...
The Court of Appeal ([2017] EWCA Civ 1695) has allowed the appeal by Birmingham City Council (‘Birmingham’) against the judgment of Keehan J ([2016] EWCOP 8), in which he held that parents could not consent to the confinement of their 16 or 17 year old children. As I am instructed in the case (on behalf of […]
Government’s interim response t...
Jackie Doyle-Price (Parliamentary Under-Secretary of State for Health), in a written statement today (30 October) set out the Government’s Interim Response to the Law Commission’s MCD report. I reproduce it below: I am today announcing the publication of the Government’s interim response to the Law Commission’s report on Mental Capacity and Deprivation of Liberty, a […]
Rule 3A representatives, family membe...
District Judge Bellamy has very recently (20 September) added to the small but important body of case-law concerning Rule 3A in the context of so-called Re X applications for judicial authorisation of deprivation of liberty. In SCC v MSA & Ors [2017] EWCOP 18, he gave guidance (the precise status of which I will address […]
