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Deprivation of liberty in the community

Can an individual be deprived of their liberty if everyone around them deems it to be the best option, asks Amanda Mead

24 March 2015

Deprivation of liberty in relation to the Mental Capacity Act 2005 has been a hot topic for those involved in funding community care over the past 12 months. Legal challenges continue to be made and headlines written.

The recent case of Essex County Council v RF and others in January 2015 made both the national and local press. In this case, a 91-year-old man (CP) was said to have been separated from his cat and detained in a dementia unit against his will.

CP was eventually returned home, but was awarded £60,000 damages for unauthorised deprivation of liberty, had his care home fees reimbursed, and was advised that Essex County Council was to fund a care regime to enable him to remain in his own ho...

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