SOCIAL CARE

Deprivation of liberty: more questions than answers

Robin Constable examines key legal rulings surrounding a person’s deprivation of liberty in their own home that resulted in significant ramifications across local government

More than two years ago, on 19 March 2014, the Supreme Court gave its judgment in the case commonly known as Cheshire West, setting out what constituted a deprivation of liberty. (P v Cheshire West & Chester Council and another; P and Q v Surrey County Council, [2014] UKSC19). Local authorities are still dealing with the ramifications.

Sir James Munby, president of the family division of the High Court, expected a tenfold surge in legal challenges to deprivation of liberty safeguards in the first year after the judgment.

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