Tim Spencer-Lane

This Practice Note explains the statutory framework and development of case law such as Birmingham City Council v D (2019) and Cheshire West, in relation to deprivation of children’s liberty. It also considers the new changes brought by the Law Commission Report on Mental Capacity and the Mental Capacity (Amendment) Act 2019 (MC(A)A 2019), as well as practical considerations for practitioners.

This Practice Note considers the concept of ‘private’ deprivations of liberty for the purposes of Article 5 of the European Convention on Human Rights. It deals with situations where the state may be held responsible for a deprivation of liberty even though the relevant care or treatment has not been arranged and funded by the state but by private persons—for instance, care services might have been directly arranged by the person’s own family and paid for from the person’s funds or funds provided by family in a hospital, care home or domestic setting. It clarifies the powers and duties of the state arising from Article 5, relevant case law and the Mental Capacity Act 2005. It also covers the Mental Capacity (Amendment) Act 2019.

These training materials consist of template PowerPoint slides that can be used as the basis of one or more training seminars on issues arising in relation to deprivation. It is anticipated that those providing training will use these slides as a helpful starting point for their presentations and then amend them accordingly to reflect their particular circumstances.