Bristol City Council v CC & Ors [2026] EWCOP 19 (T3) is both an important and an interesting decision. It is… Read more
Tag: deprivation of liberty
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
Deprivation of liberty update – the Supreme Court, DHSC and CQC
Three important developments, on different timelines, have occurred in relation to deprivation of liberty. The first development is the publication… Read more
Wishing won’t make it so – urban myths around s.4B MCA 2005
I was contacted, again, by a health care professional who had been told with complete confidence that the new version… Read more
The Court of Protection: a Welsh language primer in key caselaw
TIRE v Carmarthenshire County Council [2024] EWCOP 81 (T2) is, as far as I know (but we would welcome correction)… Read more
Compulsory mental health admission and treatment – the latest Strasbourg word
Spivak v Ukraine [2025] ECHR 136 is a very helpful and important reminder of the increasing focus that Strasbourg is… Read more