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Family Law

The leading authority on all aspects of family law

22 MAY 2012

WELFARE: A Local Authority v PB and P (By His Litigation Friend The Official Solicitor) [2011] EWHC 2675 (CoP), [2012] COPLR 1

(Court of Protection, Charles J, 20 October 2011)


The 49-year-old man was blind and had learning disabilities. He had previously lived with his mother but was removed and placed in a residential home by the local authority. An issue arose as to whether the man had been deprived of his liberty in breach of Art 5 of the European Convention and if so, whether that could continue and how it could be authorised. It had been in the best interests of the man to move to a residential setting and if that had resulted in a deprivation of liberty it should be authorised. In order for him to have unsupported contact with his mother there would need to be a significant change of position and understanding on her part.

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