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.

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