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Cheshire West and Chester Council v P and Another: COP 14 Jun 2011

The patient, an adult without capacity and with Down’s syndrome and cerebral palsy complained of his treatment, when in order to prevent his habit of eating his nappy, they dressed him in an adult babygrow costume. The court was asked whether the circumstances in which a man who lacks capacity amount to a deprivation of liberty.
Held: The circumstances of P’s life at Z House, and the provision of care and support as set out in the amended care plan, amount to a deprivation of liberty within the meaning of Article 5 of ECHR and the Mental Capacity Act 2005.
Baker J described the general process of the Court of Protection: ‘The processes of the Court of Protection are essentially inquisitorial rather than adversarial. In other words, the ambit of the litigation is determined, not by the parties, but by the court, because the function of the court is not to determine in a disinterested way a dispute brought to it by the parties, but rather, to engage in a process of assessing whether an adult is lacking in capacity, and if so, making decisions about his welfare that are in his best interests.’

Judges:

Baker J

Citations:

[2011] EWHC 1330 (Fam), [2011] EWHC 1330 (COP), [2011] EWCOP 1330

Links:

Bailii, Bailii

Statutes:

Mental Capacity Act 2005

Jurisdiction:

England and Wales

Cited by:

Appeal FromCheshire West and Chester Council v P CA 9-Nov-2011
The claimant, a disabled adult with cerebral palsy and Downs, asserted that the care plan set out in an order of the Court of Protection involved a contravention of his human rights since it involved a deprivation of his liberty. He was incontinent . .
See AlsoCheshire West and Chester Council v P CA 18-Nov-2011
. .
See AlsoP (By His Litigation Friend The Official Solicitor) v Cheshire West and Chester Council and Another and similar SC 19-Mar-2014
Deprivation of Liberty
P and Q were two adolescent sisters without capacity. They complained that the arrangements made for their care amounted to an unjustified deprivation of liberty, and now appealed against rejection of their cases. In the second case, P, an adult . .
CitedAMDC v AG and Another CoP 18-Nov-2020
Guidance for Expert Witnesses on Capacity
The court was asked as to the preparation and use of expert reports as to the capacity of a patient litigant.
Held: Poole J discussed what was need of expert witness in such cases: ‘it will benefit the court if the expert bears in mind the . .
Lists of cited by and citing cases may be incomplete.

Health, Human Rights, Torts – Other

Updated: 12 April 2022; Ref: scu.445032

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