G v E & Ors

G v E & Ors

E was unlawfully deprived of his liberty and his Article 5 and 8 rights were breached by the local authority's actions in removing him from F's care and placing him in restrictive settings without proper authorisation or best interests analysis. However, pending the final hearing and psychiatric assessment, E's best interests require that he remain at Z Road, with increased contact with F and G, and a risk assessment and training for a possible return to F.

Parties
Applicant: G; First Respondent: E (by his litigation friend the Official Solicitor); Second Respondent: A Local Authority; Third Respondent: F
Jurisdiction
England and Wales
Judgment Date
26 March 2010
Procedural Posture
Court of Protection Application / Interim Hearing and Judgment
Outcome
Interim order: E to remain at Z Road pending final hearing; declarations of unlawful deprivation of liberty and Article 8 breach; directions for risk assessment, training, and increased contact.
Legal Topics
Deprivation of Liberty, Best Interests, Article 5 ECHR, Article 8 ECHR, Court of Protection Powers, Safeguarding Vulnerable Adults
Mental Capacity Law Human Rights Law Administrative Law Deprivation of Liberty Best Interests Article 5 ECHR Article 8 ECHR Court of Protection Powers +1 more

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Parties

G

Applicant

E (by his litigation friend the Official Solicitor)

First Respondent

A Local Authority

Second Respondent

F

Third Respondent

Procedural Posture

Court of Protection Application / Interim Hearing and Judgment

Legal Issues

  1. 1 Whether E lacks capacity to make decisions regarding residence, care, and contact
  2. 2 Whether E has been unlawfully deprived of his liberty under Article 5 ECHR and the Mental Capacity Act 2005
  3. 3 Whether the local authority infringed E's Article 8 rights to family life

Ratio Decidendi

E was unlawfully deprived of his liberty and his Article 5 and 8 rights were breached by the local authority's actions in removing him from F's care and placing him in restrictive settings without proper authorisation or best interests analysis. However, pending the final hearing and psychiatric assessment, E's best interests require that he remain at Z Road, with increased contact with F and G, and a risk assessment and training for a possible return to F.

Court Disposition

Interim order: E to remain at Z Road pending final hearing; declarations of unlawful deprivation of liberty and Article 8 breach; directions for risk assessment, training, and increased contact.

Orders

  • Declaration that E lacks capacity to decide residence
  • Declaration that local authority unlawfully deprived E of liberty and breached Article 5 ECHR