Legal News

Where does care regime stop and deprivation of liberty begin?

Published on: 21 June 2016
Published by: LexisPSL
  • Where does care regime stop and deprivation of liberty begin?
  • Original news
  • What as the background to the case?
  • What was the issue for the CoP to decide?
  • How did the CoP go about deciding that issue?
  • What is the difference between a private deprivation of liberty and deprivation under ECHR, art 5?
  • What steps are to be taken to obtain welfare orders from the CoP where the arrangements are made by deputies administering damages awards?
  • Under what circumstances is a deputy required to bring a deprivation of liberty situation to the attention of the local authority?
  • Does this case assist in clarifying a local authority’s obligations to bring applications to the court’s attention?
  • What will this decision mean for future deprivation of liberty cases?

Article summary

Local Government analysis: Sam Karim, a barrister at Kings Chambers, and Melanie Varey, an associate solicitor at Stephensons Solicitors, advise that the decision in Staffordshire County Council v SKR will result in an increase in applications made by local authorities where they consider that a privately arranged package of care constitutes a deprivation of liberty that will require authorisation by the court. or take a trial to read the full analysis.

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