The Weekly Law Reports
[2012] 2 WLR 1056
Court of Appeal
Surrey County Council v P and others (Equality and Human Rights Commission intervening)
[2011] EWCA Civ 190
2010 Oct 21;
2011 Feb 28
Mummery, Smith, Wilson LJJ
Mental disorder— Incapable person— Deprivation of liberty— Adolescent sisters with severe learning disabilities and mental age of young children— Local authority removing sisters from abusive home environment and placing them separately in foster home and residential home— Whether living arrangements amounting to deprivation of liberty— Factors relevant to objective assessment of question whether person deprived of liberty— Whether lack of objection to arrangements by person lacking capacity relevant— Whether medication or lack of medication relevant—
Human Rights Act 1998 (c 42), Sch 1, Pt I, art 5