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'(7) Does P need to be joined to any application to the court seeking authorisation of a deprivation of liberty in order to meet the requirements of Article 5(1) ECHR or Article 6 or both?In addressing the first question, the President confirmed that there is no requirement either in domestic law or under the ECHR for P to be a party to such proceedings, citing similarities with wardship proceedings where wards do not have to be joined as parties. However, if P wished to be joined he or she should be and should be offered all necessary support to participate. Furthermore, there is nothing to prevent P being involved (and represented) in proceedings concerning him or her without being joined as a party.
(9) If so, should there be a requirement that P … must have a litigation friend (whether by reference to the requirements of Article 5 ECHR and/or by reference to the requirements of Article 6 ECHR)?
(16) If P or the detained resident requires a litigation friend, then: (a) Can a litigation friend who does not otherwise have the right to conduct litigation or provide advocacy services provide those services, in other words without instructing legal representatives, by virtue of their acting as litigation friend and without being authorised by the court under the Legal Services Act 2007 to do either or both …?'
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