G v E & Ors

G v E & Ors

E was unlawfully deprived of his liberty by the local authority when removed from F's care and placed in residential units without proper authorisation under the Mental Capacity Act 2005 or court order, breaching his rights under Articles 5 and 8 ECHR. However, the court determined that, pending further psychiatric assessment and a final hearing, E's best interests required him to remain at Z Road, with increased contact with F and G, and that a return to F at this interim stage posed significant risks of emotional harm and disruption.

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 on Deprivation of Liberty and Best Interests Pending Final Hearing
Outcome
Interim declarations and orders granted; E to remain at Z Road pending final hearing; declarations of unlawful deprivation of liberty and breach of Article 8 rights; directions for risk assessment and increased contact.
Legal Topics
Deprivation of Liberty Safeguards, Best Interests, Article 5 ECHR, Article 8 ECHR, Capacity, Procedural Safeguards, Unlawful Detention, Family Life, Court of Protection Powers
Mental Capacity Law Human Rights Law Administrative Law Deprivation of Liberty Safeguards Best Interests Article 5 ECHR Article 8 ECHR Capacity +4 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 on Deprivation of Liberty and Best Interests Pending Final Hearing

Legal Issues

  1. 1 Whether E has capacity to make decisions
  2. 2 Whether E is deprived of his liberty and if so, lawfulness under Article 5 ECHR and the Mental Capacity Act 2005
  3. 3 Whether the local authority breached E's rights under Articles 5 and 8 ECHR

Ratio Decidendi

E was unlawfully deprived of his liberty by the local authority when removed from F's care and placed in residential units without proper authorisation under the Mental Capacity Act 2005 or court order, breaching his rights under Articles 5 and 8 ECHR. However, the court determined that, pending further psychiatric assessment and a final hearing, E's best interests required him to remain at Z Road, with increased contact with F and G, and that a return to F at this interim stage posed significant risks of emotional harm and disruption.

Court Disposition

Interim declarations and orders granted; E to remain at Z Road pending final hearing; declarations of unlawful deprivation of liberty and breach of Article 8 rights; directions for risk assessment and increased contact.

Orders

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