In DY v A City Council & Anor [2022] EWCOP 51, Judd J has tackled head on the perennially difficult… Read more
Tag: deprivation of liberty
In the Shadows of the Institution – the film
Dr Lucy Series has recently written a book, entitled Deprivation of Liberty in the Shadows of the Institution (Bristol University Press,… Read more
A “National DoLS Court” – what it is (and isn’t)
Judging by my inbox (which I know I shouldn’t be checking on sabbatical), a considerable amount of confusion has been… Read more
Alice in Wonderland, or using the Human Rights Act to extend the coercive powers of the MHA into the community
When can a mental health patient lawfully remain in the community, rather than in hospital, but be deprived of their… Read more
The Supreme Court grits its teeth – the inherent jurisdiction, deprivation of liberty and children
How should the courts respond to the shortage of provision for children and young people whose needs are such that… Read more
CoP e-filing for deprivation of liberty cases
HMCTS have announced that: To further support digital working within the Court of Protection we are starting to use electronic… Read more
Legal ice and fast-moving situations
The concept of legal ice is one that I think that I may have borrowed from somewhere (and, if so,… Read more
Deprivation of liberty – establishing the cost to the person (and to the public body)
LB Haringey v Emile [2020] MHLO (CC)[1] is a rare example of a contested determination of damages for deprivation of liberty… Read more
Deprivation of liberty, family members and what s4B does (and doesn’t) say
In Re AEL [2021] EWCOP 9, SJ Hilder considered very strong objections levelled by a family member to the idea… Read more
The inherent jurisdiction, deprivation of liberty and out of hours applications
In Mazhar v Birmingham Community Healthcare Foundation NHS Trust & Ors [2020] EWCA Civ 1377 , the Court of Appeal almost,… Read more