The WLR Daily case summaries
[2014] WLR (D) 140
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 to be subject to periodic independent review— — Human Rights Act 1998, Sch 1, Pt I, art 5— — Mental Capacity Act 2005, s 64(5) (as inserted by Mental Health Act 2007, s 50(7), Sch 9, para 10(4))