The Law Reports (Family Division)
[2017] Fam 278
Court of Appeal
Staffordshire County Council v K and others
[2016] EWCA Civ 1317
2016 Nov 30;
Dec 22
Sir Terence Etherton MR, Elias, Beatson LJJ
Mental disorder— Incapable person— Deprivation of liberty— Severely injured adult lacking mental capacity to make decisions as to care and residence— Deputy appointed to manage property and affairs— Damages award used by private sector providers to provide residential property, care and support— Care regime amounting to objective deprivation of liberty— Whether deprivation of liberty to be imputed to state— Whether welfare order required to ensure lawfulness of care regime—
Human Rights Act 1998 (c 42), Sch 1, Pt I, art 5
—
Mental Capacity Act 2005 (c 9) (as amended by Mental Health Act 2007 (c 12), s 50(7), Sch 9, para 10(4)), ss 16, 64(5)(6)