P & Q v Surrey County Council & Ors  EWCA Civ 190,  2 FLR 583
Mental health – Article 5 – Deprivation of liberty – Objective element – Factors
27 July 2011
Court of Appeal (Civil Division)
Wilson LJ; Smith LJ; Mummery LJ
The Court of Appeal provided guidance on the objective element of Article 5 of the European Convention on Human Rights when considering whether there is a deprivation of liberty. In the instant case, there was no deprivation of liberty.
On appeal from:
Re MIG & MEG  EWHC 785 (Fam) (Parker J)
Summary of judgment
(1) P and Q appealed against the decision of Parker J to refuse to grant a declaration that their care arrangements amounted to a deprivation of liberty for the purposes of Article 5 of the European Convention on Human Rights. P and Q were sisters who had previously been exposed to a dysfunctional and abusive family life which had included excessive physical chastisement, neglect and deprivation. They were removed from the home and were now in the care of Surrey County Council.
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