In Re PK & MK (Article 8 protections) [2026] EWCOP 52 (T2), HHJ Burrows picked up and developed a theme… Read more
Tag: deprivation of liberty
Deciding deprivation of liberty in an “efficient, and relatively speedy” way
Just as his decision in Re AR (Whether restrictions amount to a deprivation of liberty) [2026] EWCOP 45 (T2) arrived… Read more
AGNI – the most comprehensive first instance ‘run’ at it so far
Just too late for the September 2026 Mental Capacity Report, HHJ Burrows has handed down the most comprehensive first instance… Read more
AGNI – resources page, podcast and shedinar video
I have started a resources page on the AGNI case, and will start to populate it as more guidance and… Read more
Instructing experts, and how long does the leash have to be for the acid test to be satisfied?
Bristol City Council v CC & Ors [2026] EWCOP 19 (T3) is both an important and an interesting decision. It is… Read more
Revisiting habitual residence – when and how the Court of Protection can do so
The case of Neath Port Talbot County Borough Council v CK & Ors [2025] EWCOP 47 (T3) is the sequel… Read more
An ‘intolerable’ deprivation of liberty – and the need for reasons
No one will ever entirely fill the shoes of the late Sir James Munby, one of whose defining characteristics was… Read more
When is a deprivation of liberty not a deprivation of liberty? The Mental Health Act 2025 and conditional discharge
In 2018, in MM, the Supreme Court upheld the ruling of the Court of Appeal that neither the Secretary of the… Read more
Parental responsibility and confinement – the need for appellate authority continues (and a Gillick conundrum) – updated
[I have now updated this post to take account of another decision of Henke J’s handed down shortly after the East… Read more
The UK National Preventive Mechanism 2024-25 Annual Report
The UK National Preventive Mechanism is made up of 21 organisations, which independently monitor different settings of detention across the… Read more