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.
Tag Archives: Deprivation of Liberty
Should surgery be delayed while the legal framework relating to capacity is established?
SJ Hilder’s view was that it would be wrong for planned surgery to be delayed while legal framework issues were resolved. The judge ran this hearing with clinical precision, setting out clearly what her expectations were and fixing firm deadlines by which actions needed to have been completed, and making it evident to representatives when she was less than pleased with their response (eg “it’s not helpful to be told a party has not yet made its mind up”).
At the margins of ‘Deprivation of Liberty’: On not losing myself – care and thoughtfulness from HHJ Beckley
That experience has helped me to understand, on a visceral level, how easily autonomy can be subsumed under the guise of safety, support, and risk management. I notice the gulf between how I describe what’s happening as ‘supervision and control’, and how one of the hospital caregivers referred to it, as ‘support’.
My first experience of being an in-person observer at First Avenue House (London): HHJ Beckley decides on where P should live and receive care
By Sandra Preston, 18 August 2025 On 13 August 2025 I went to First Avenue House (the London headquarters of the Court of Protection) for the first time as an observer – rather than as the relative of a Protected Party (as described my blog post here). I had chosen to do so to gainContinue reading “My first experience of being an in-person observer at First Avenue House (London): HHJ Beckley decides on where P should live and receive care”
Risk aversion and delay: Losing sight of best interests?
By Rebecca Pritchard, 2nd June 2025 I have observed a number of Court of Protection hearings but have never blogged one before. I chose to blog about this case (COP 14265088 heard by Lieven J on 6th May 2025 in the Royal Courts of Justice, observed via MS Teams), because firstly, it struck me asContinue reading “Risk aversion and delay: Losing sight of best interests?”
Elucidating the meaning of deprivation of liberty orders: HHJ Burrows and local authority at cross-purposes on DOLS and care plans
By Celia Kitzinger, 10th October 2024 Update: The judgment has now been published (click on the link in the title of the case): Bury Metropolitan Borough Council v EM & Ors [2024] EWCOP 76 (T2). The judge refers to the protected party as “Emma” in that judgment, so I’ve amended this blog to reflect that.Continue reading “Elucidating the meaning of deprivation of liberty orders: HHJ Burrows and local authority at cross-purposes on DOLS and care plans”
Crisis point – is hospital a viable option for P?
By Amanda Hill, 9th May 2024 The protected party in this case (“L”) is a man in his twenties with “significant learning disability”, autism and complex physical disabilities. He had been living at home with a care package in place until July 2021, when his care package broke down and he was moved to a newContinue reading “Crisis point – is hospital a viable option for P?”
“ I want to go home” – catching up with GNK 13 months later for the final hearing
By Celia Kitzinger, 27th March 2024 More than a year ago, back in November 2022, assistant psychologist Catalia Griffiths watched and then blogged about a (remote) hearing before Deputy District Judge Reeder concerning a woman in her 50s who was in hospital with Huntington’s disease. The title of the blog post she wrote, reflects whatContinue reading ““ I want to go home” – catching up with GNK 13 months later for the final hearing”
Judge declines to authorise a deprivation of liberty (for now)
by Daniel Clark, 11th March 2024 While Deprivation of Liberty Safeguards (DoLS) in a care home or hospital have little judicial oversight (unless someone appeals or the restrictions are particularly severe), a deprivation of liberty in the community is reviewed by a judge. These are often decided on the papers, in a streamlined procedure knownContinue reading “Judge declines to authorise a deprivation of liberty (for now)”
“Unusual restrictions” for a 17-year-old
By Claire Martin, 25th January 2023 This hearing (COP 14169995 before DJ Glassbrook, sitting at Northampton County Court on 5th January 2024) caught my eye in the CourtServe list because it mentioned “unusual restrictions to which the protected party is subject”. Unfortunately, despite requesting them, I’ve not been sent the parties’ position statements, so I don’t haveContinue reading ““Unusual restrictions” for a 17-year-old”
Promoting Open Justice in the Court of Protection 