The Weekly Law Reports
[2011] 3 WLR 652
Court of Appeal
G v E and others
[2010] EWCA Civ 822
2010 June 16;
July 16
Sir Nicholas Wall P, Thorpe LJ, Hedley J
Mental disorder— Incapable person— Deprivation of liberty— Incapable person deprived of liberty by being removed from placement with carer and placed in local authority unit— Judge assessing person’s best interests and making interim order that he continue living in local authority unit— Whether Convention right to liberty imposing threshold conditions on exercise of court’s power to deprive person lacking capacity of liberty— Whether court required to be satisfied person having mental disorder of sufficient seriousness to warrant compulsory detention before depriving him of liberty— Whether statutory provisions “procedure prescribed by law” in accordance with which persons could be detained— Whether compliant with Convention right to liberty— Guidance as to practice on application for interim order—
Human Rights Act 1998 (c 42), Sch 1, Pt I, art 5
—
Mental Capacity Act 2005 (c 9) (as amended by Mental Health Act 2007 (c 12), s 50), ss 4A, 16, 48