Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Family Law

The leading authority on all aspects of family law

Court of Protection Practice and Procedure Conference 2016

A comprehensive guide to best practice and current thinking

23 MAY 2012

DEPRIVATION OF LIBERTY: Cheshire West and Chester Council v P [2011] EWCA Civ 1257, [2012] COPLR 37

(Court of Appeal, Pill, Lloyd, Munby LJJ, 9 November 2011)

The 39-year-old man had substantial physical and learning difficulties. He lived in a community placement bungalow with other disabled people and received close one-to-one supervision during the daytime but was able to have regular access to the community with his carers. He displayed difficult and challenging behaviour including putting objects in his mouth which required support staff to employ various distraction techniques and when required use a ‘finger sweep' to ensure articles were removed from his mouth. At first instance Baker J found that the man had been deprived of his liberty because he could not go anywhere or do anything without the support staff, was at times subject to physical restraint and the use of the finger sweep. The local authority appealed.

Allowing the appeal substituting a declaration that the man was not deprived of his liberty. The assessment of whether a person was deprived of his liberty required consideration of a number of factors and the context of the person's situation. The judge should have compared what the man's situation would have been in a family setting. The restrictions imposed were no more than the inevitable corollary of his various disabilities.

Red Book Plus

Red Book Plus

Family Court Essential Materials

This ready reference guide for all family court practitioners and judges provides a portable...

Family Law Online

Family Law Online

Get a FREE trial today! The fastest way to access the latest law reports, case law, commentary,...

Available in Family Law Online
Subscribe to our newsletters