The Law Reports (Appeal Cases)
[2014] AC 896
Supreme Court
Surrey County Council v P and others (Equality and Human Rights Commission and others intervening)
Cheshire West and Chester Council v P and another (Same intervening)
[2014] UKSC 19
2013 Oct 21,
22,
23;
2014 March 19
Lord Neuberger of Abbotsbury PSC, Baroness Hale of Richmond DPSC, Lord Kerr of Tonaghmore, Lord Clarke of Stone-cum-Ebony, Lord Sumption, Lord Carnwath, Lord Hodge JJSC
Mental disorder— Incapable person— Deprivation of liberty— Local authority placement— Person lacking mental capacity to make decisions as to care— Placement in house with live-in carers or with foster parents— Aim of placement to be as much like ordinary living arrangements as possible— Person escorted on outside activities or to attend college but liable to be prevented from leaving without supervision— Person not evincing dissatisfaction with placement and showing no desire to leave— Whether arrangement amounting to deprivation of liberty— Whether relative normality or benevolent purpose of living arrangements relevant factors—
Human Rights Act 1998 (c 42), Sch 1, Pt I, art 5
—
Mental Capacity Act 2005 (c 9), s 64(5) (as inserted by Mental Health Act 2007 (c 12), s 50(7), Sch 9, para 10(4))