Surrey County Council v P (Equality and Human Rights Commission intervening)

Subject Matter

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, Sch 1, Pt I, art 5

[2011] EWCA Civ 190; [2012] Fam 170; [2012] 2 WLR 1056; [2012] PTSR 727; [2011] 2 FLR 583, CA

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, 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))

[2014] UKSC 19; [2014] AC 896; [2014] 2 WLR 642; [2014] PTSR 460; [2014] 2 All ER 585; [2014] WLR (D) 140; Case details, SC(E)

Appellate History