| Source: | All England Reporter |
| Publisher Citation: | [2011] All ER (D) 57 (Jun) |
| Court: | Court of Protection |
| Judge: | Jackson J |
| Representation | Hilton Harrop-Griffiths (instructed by Hillingdon Legal Services) for the authority. |
| Aswini Weereratne (instructed by Miles & partners on behalf of the Official Solicitor) for the first respondent. | |
| The second respondent appeared in person. | |
| Judgment Dates: | 9 June 2011 |
Catchwords
Mental health - Persons who lack capacity - Deprivation of liberty - First respondent suffering with autism and learning disability - First respondent placed in residential accommodation for respite - Applicant local authority refusing to allow his return home - First respondent and father commencing proceedings against authority - Whether authority acting unlawfully - European Convention on Human Rights, arts 5, 8 - A1, s 39D.
The Case
Mental health Persons who lack capacity. The Court of Protection issued a declaration that the applicant local authority had acted unlawfully in keeping the disabled respondent in a support unit.
Practice Areas
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