AB (deprivation of liberty)
The arrangements for AB, including the requirement to reside at the property, monitoring of her movements, access to her property by staff, and the powers of control under the Guardianship Order, collectively amount to a deprivation of liberty under Article 5 ECHR.
- Parties
- Applicant: A Local Authority; Respondent: AB
- Jurisdiction
- England and Wales
- Judgment Date
- 20 August 2020
- Procedural Posture
- Court of Protection / Final Judgment
- Outcome
- Declaration that AB is deprived of her liberty under the current arrangements; parties to agree an order to implement the judgment with annual review.
- Legal Topics
- Deprivation of Liberty, Guardianship Orders, Capacity, Article 5 ECHR
Case Brief
Summary, issues, holding and outcome
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Parties
A Local Authority
Applicant
AB
Respondent
Procedural Posture
Court of Protection / Final Judgment
Legal Issues
- 1 Whether the arrangements for AB's supported living placement amount to a deprivation of liberty under Article 5 ECHR
Ratio Decidendi
The arrangements for AB, including the requirement to reside at the property, monitoring of her movements, access to her property by staff, and the powers of control under the Guardianship Order, collectively amount to a deprivation of liberty under Article 5 ECHR.
Court Disposition
Declaration that AB is deprived of her liberty under the current arrangements; parties to agree an order to implement the judgment with annual review.
Orders
- AB is deprived of her liberty under Article 5 ECHR.
- Annual review of arrangements as provided for in the Court of Protection.
Full Case Text
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