In re X and Others (Deprivation of Liberty): CoP 7 Aug 2014


The court considered the practical and procedural implications for the Court of Protection of what was expected too be a large increase in its case-load which following the Supreme Court’s decision in Surrey County Council v P where it was held that arrangements must be made for scrutiny of decisions mde for the detention of mental health and other patients lacking capacity.
Held: The court set out a new procedure for recourse to and supervision by the court of such arrangements, and suggested the design of an appropriate new form for applications.

Sir James Munby P
[2014] EWCOP 25
European Convention on Human Rights 5
AppliedP (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 . .
CitedAirey v Ireland ECHR 9-Oct-1979
Family law proceedings such as judicial separation do give rise to civil rights. In complex cases article 6 might require some provision for legal assistance, the precise form being a matter for the member state. The Court reiterated the importance . .
CitedWinterwerp v The Netherlands ECHR 24-Oct-1979
A Dutch national detained in hospital complained that his detention had divested him of his capacity to administer his property, and thus there had been determination of his civil rights and obligations without the guarantee of a judicial procedure. . .
CitedGregory and Gregory v Turner, Turner; Regina (Morris) v North Somerset Council CA 19-Feb-2003
The parties were involved in a boundary dispute. One granted an enduring power of attorney, and sought to appear as a litigant in person through the power.
Held: The right of a litigant in person to represent himself was a personal right, and . .
CitedSalford City Council v BJ (Incapacitated Adult) FD 11-Dec-2009
. .

Lists of cited by and citing cases may be incomplete.

Litigation Practice, Human Rights, Health Professions

Updated: 31 October 2021; Ref: scu.535650