The Public and Third Sector Law Reports
[2012] PTSR 1447
Court of Appeal
Cheshire West and Chester Council
v
P
[2011] EWCA Civ 1257
2011 Sept 22;
Nov 9
Pill, Lloyd, Munby LJJ
Mental disorder— Incapable person— Deprivation of liberty— Adult with severe physical and learning disabilities lacking mental capacity to make decisions as to care and residence— Local authority placing adult in residential care home and preparing care and intervention plan— Plan identifying challenging behaviour on adult’s part including placing continence pads and contents in mouth and ingesting— Plan suggesting member of care home staff restrain adult while another clears mouth— Staff dressing adult in all-in-one body suit preventing him access to continence pads— Whether restraining methods amounting to deprivation of liberty—
Human Rights Act 1998 (c 42), Sch 1, Pt I, art 5