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20 SEP 2011

P & Q v Surrey County Council & Ors [2011] EWCA Civ 190, [2011] 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 [2010] 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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