MENTAL DISORDERIncapable personDeprivation of libertyUnauthorised placement in residential homeLocal authority failing to comply with deprivation of liberty safeguardsWhether local authority acting unlawfullyHuman Rights Act 1998, s 7, Sch 1, Pt I, arts 5, 8Mental Capacity Act 2005 (as amended by Mental Health Act 2007, ss 50, 56, Sch 9 para 6), s 39D, Sch A1, para 140Mental Capacity (Deprivation of Liberty: Appointment of Relevant Person's Representative) Regulations 2008 (SI No 2008/1315), reg 3

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