Source: All England Reporter
Publisher Citation: [2010] All ER (D) 120 (Apr)
Neutral Citation: [2010] EWHC 621 (Fam)
Court: Court of Protection
Judge:

Baker J
Representation Kerry Bretherton for G.
  Amy Street for E.
  Gillian Irving QC and David Mackley for the authority.
  Neil Allen for F.
Judgment Dates: 26 March 2010

Catchwords

Adult - Vulnerable adult - Protection of vulnerable adult - Deprivation of liberty - Vulnerable adult (E) suffering from tuberous sclerosis - E removed from foster mother's care and placed in residential units - Whether E having capacity to make decisions - Whether E deprived of liberty - Whether breach of Convention rights -  1, Pt 1, arts 5, 8.

The Case

Adult Vulnerable adult. Where the first respondent, E, suffered from a complex genetic condition, tuberous sclerosis, the Court of Protection found that in circumstances where E had been removed from his foster mother's care, he did not have capacity to make decisions, that he had been deprived of his liberty whilst at residential homes, and that the local authority had infringed his rights under the European Convention on Human Rights arts5 and 8. However, until the final hearing, it was in E's best interests that he remain at a residential home.

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