The situation where a person is taken into an intensive care unit for the purpose of life-saving treatment and is unable to give their consent to their consequent loss of liberty, does not result in a deprivation of liberty for article 5 purposes so long as the loss of liberty is due to the need to provide care for them on an urgent basis because of their serious medical condition, is necessary and unavoidable, and results from circumstances beyond the state’s control
Citations:
[2017] EWCA Civ 31, [2017] COPLR 172, [2017] Inquest LR 118, [2017] WLR(D) 43, [2017] 3 WLR 382, [2017] Med LR 161, 2018] QB 487
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – In re D (A Child) SC 26-Sep-2019
D, a young adult had a mild learning disability and other more serious conditions. He was taken into a hospital providing mental health services. The external door was locked, and a declaration was sought to permit this deprivation of his liberty, . .
Lists of cited by and citing cases may be incomplete.
Health, Human Rights
Updated: 19 April 2022; Ref: scu.573608