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The ability to choose: KK v CC

CC v KK gives useful guidance on assessing capacity, but highlights the difficulty in proving a deprivation of liberty, says Leonie Hirst

31 October 2012

Deprivation of liberty cases in the Court of Protection raise important and difficult questions. How should a local authority decide whether someone lacks the capacity to make decisions about where they live? How should the wishes and feelings of an elderly person who wants to stay in her own home be balanced with the risks to her health and safety of doing so? When does requiring someone to live in a care home against their will amount to depriving them of their liberty?

Challenging times

A recent judgment, CC v KK [2012] EWHC 2136 (COP), provides useful guidance on how decision makers should assess whether an individual has the capacity to make decisions.

However, the judgment also highlights the difficulty of challenging a deprivation of liberty in the wake of th...

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