In lieu of a Mental Capacity Report, the next edition of which will be out in February, and which will… Read more
Tag: deprivation of liberty
Mental disorder, medical evidence and deprivation of liberty
In Stockport MBC v KB [2023] EWCOP 58, HHJ Burrows addressed two questions in relating to ‘community DoL’ applications that… Read more
Tier 4 CAMHS, detainability under the Mental Health Act 1983 and (righteous) judicial frustration
Lancashire County Council v X [2023] EWHC 2667 (Fam) was rightly described by the judge as extremely disturbing, involving the… Read more
Suicide risk, the ECHR balancing exercise and the inherent jurisdiction – a Northern Irish perspective
A Health and Social Care Trust v JU [2023] NIFam 12 provides an interesting take on the extent of positive… Read more
Restraint, physical health and the detained patient: the rights in play
Norfolk and Suffolk NHS Foundation Trust v HJ [2023] EWFC 92 concerned the question of whether specific authorisation is required… Read more
Deprivation of liberty applications relating to children: what is actually happening?
[In an extremely helpful, but depressing, report published on 22 June 2023, the Nuffield Family Justice Observatory analysed applications received… Read more
DHSC response to the Joint Committee on Human Rights regarding the LPS delay and its implications
[The Joint Committee on Human Rights wrote on 28 May 2023 to the Minister of State for Social Care to… Read more
Systemically failing the human rights of children: the President of the Family Division shouts as loudly as he can
It is exceptionally unusual for a judge, let alone a very senior judge, actively to invite a claim to be… Read more
Is depriving a person of their mobile phone depriving them of their liberty? MacDonald J decides
Is depriving a person of their mobile phone depriving them of their liberty? That was the very 21st century question… Read more
George Orwell and best interests – DoLS and public protection under the spotlight
In DY v A City Council & Anor [2022] EWCOP 51, Judd J has tackled head on the perennially difficult… Read more