Staffordshire County Council v K

Subject Matter

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, Sch 1, Pt I, art 5 — Mental Capacity Act 2005 (as amended by Mental Health Act 2007, s 50, Sch 9, para 10), ss 16, 64(5)(6)

[2016] EWCOP 27; [2016] Fam 419; [2016] 3 WLR 867; [2016] WLR (D) 300, Ct of Protection

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)

[2016] EWCA Civ 1317; [2017] Fam 278; [2017] 2 WLR 1131; [2017] WLR (D) 12, CA

Appellate History