Secretary of State for Justice v KC and C Partnership NHS Foundation Trust: UTAA 2 Jul 2015

Mental Health : All
The local authority had sought an order under the 2005 Act seeking a personal welfare order on the basis that it would be in KC’s best interests for him to move to a proposed placement (the Placement) on the terms of a care plan for his care, supervision and management at that community placement. The plan would amount to a deprivation of liberty for KC

Charles J
[2015] UKUT 376 (AAC)
Mental Capacity Act 2005
England and Wales
Cited by:
CitedThe Secretary of State for Justice v MM CA 29-Mar-2017
Power of FTT to deprive patient of liberty
Two patients who had been confined to a secure hospital, appealed against orders which would continue to restrict their liberty upon being conditionally released. The parties now disputed the jurisdiction of the FTT to make such an order.

Updated: 03 January 2022; Ref: scu.550687