Category Archives: Explainers

Cheshire West returns to the Supreme Court: The position of the parties

This blog contains brief summaries of the position of each party and intervener. In putting together this blog, I’ve tried to capture the essence of each position but not explain every step in the formulation of that position.

Reconsidering Cheshire West in the Supreme Court: Is a gilded cage still a cage?

Even when P says they’re happy with their residence, and that they do not want to leave, and welcome the fact that the doors are kept locked, this still amounts to a deprivation of liberty. It is this element of deprivation of liberty that the Supreme Court will be considering in October 2025. The key question is whether a person can, in effect, “consent” to living arrangements that would otherwise constitute a “deprivation of liberty” through the expression of their wishes and feelings, irrespective of whether or not they have the mental capacity to consent to those arrangements. 

‘Failed Re X’: Deprivation of liberty and Re X (the streamlined process) – a social work perspective

By Eleanor Tallon, 10th October 2023 The words “Failed Re X” has appeared in Court of Protection lists recently – like the two reproduced below.  ‘Re X’ is the term used to refer to the streamlined process through which the Court of Protection (CoP) can authorise a ‘Deprivation of Liberty’ (DoL), as established in theContinue reading “‘Failed Re X’: Deprivation of liberty and Re X (the streamlined process) – a social work perspective”

How we get there: Conveyance plans in the Court of Protection

By Ian Brownhill, 13 September 2023 The focus of many Court of Protection cases is where someone will live, what care and support they will receive, or what medical treatment they should be provided. Once that substantive decision has been made, the Court’s attention will often turn to what is described as “conveyance planning”. AContinue reading “How we get there: Conveyance plans in the Court of Protection”