A County Council v KK & Ors (Rev 1)

A County Council v KK & Ors (Rev 1)

The Deprivation of Liberty order should not continue because JK has demonstrated increased maturity, self-control, and capacity, and the order is now counter-productive to her autonomy and progress. The risks can be managed without the order, and her wishes and feelings as an adult must be respected.

Parties
Applicant: A County Council; First Respondent: KK; Second Respondent: SK; Third Respondent: JK (through her Child’s Guardian); Fourth Respondent: A Clinical Commissioning Group
Jurisdiction
England and Wales
Judgment Date
18 December 2020
Procedural Posture
Court of Protection / Judgment on Application to Continue Deprivation of Liberty Order
Outcome
Application for continuation of Deprivation of Liberty order refused; order to cease.
Legal Topics
Deprivation of Liberty, Best Interests, Capacity Assessment, Article 5 ECHR, Article 8 ECHR
Mental Capacity Law Human Rights Deprivation of Liberty Best Interests Capacity Assessment Article 5 ECHR Article 8 ECHR

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

A County Council

Applicant

KK

First Respondent

SK

Second Respondent

JK (through her Child’s Guardian)

Third Respondent

A Clinical Commissioning Group

Fourth Respondent

Procedural Posture

Court of Protection / Judgment on Application to Continue Deprivation of Liberty Order

Legal Issues

  1. 1 Whether JK lacks capacity in any material respects
  2. 2 Whether the order sought amounts to a deprivation of liberty within the meaning of article 5 ECHR
  3. 3 Whether it is in JK’s best interests to make the order sought

Ratio Decidendi

The Deprivation of Liberty order should not continue because JK has demonstrated increased maturity, self-control, and capacity, and the order is now counter-productive to her autonomy and progress. The risks can be managed without the order, and her wishes and feelings as an adult must be respected.

Court Disposition

Application for continuation of Deprivation of Liberty order refused; order to cease.

Orders

  • Deprivation of Liberty order is ended.
  • JK’s wishes and feelings to be respected regarding her care and autonomy.