Karen Bayley discusses the meaning of 'free to leave' in deprivation of liberty cases heard in the Court of Protection, and case law regarding powers of attorney

Deprivation of liberty

Following the hugely important Supreme Court decision in P v Cheshire West and Chester Council [2014] UKSC 19 (discussed in SJ 158/33), the world of deprivation of liberty was thrown into confusion by the decision of Mostyn J in Rochdale Council v KW [2014] EWCOP45, in which the court considered the care arrangements put in place for K in her own home.

K was severely mentally incapacitated, as well as having physical disabilities. She was able to walk with a Zimmer frame, but this ability was declining. She received state-funded 24-hour care.

For a person to be deprived of their liberty, they must be conf...

Jean Yves

IICJ

This article is part of a subscription-based access, to continue reading, please contact your library