W City Council v Mrs L

W City Council v Mrs L

On the totality of the facts, the arrangements constitute restrictions on Mrs L’s liberty but do not cross the line into deprivation; even if deprivation existed, responsibility is diluted by the family’s strong role, and not sufficiently imputable to the State.

Parties
Claimant: W City Council; Defendant: Mrs L; Litigation Friend: PC
Jurisdiction
England and Wales
Judgment Date
11 February 2015
Procedural Posture
Court of Protection / Judgment
Outcome
No deprivation of liberty found; State responsibility not established.
Legal Topics
Deprivation of Liberty, Article 5 ECHR, Capacity, State Responsibility
Human Rights Mental Capacity Law Deprivation of Liberty Article 5 ECHR Capacity State Responsibility

Case Brief

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Parties

W City Council

Claimant

Mrs L

Defendant

PC

Litigation Friend

Procedural Posture

Court of Protection / Judgment

Legal Issues

  1. 1 Whether the care arrangements for Mrs L constitute a deprivation of liberty
  2. 2 Whether the State is responsible for any deprivation of liberty
  3. 3 Whether such deprivation of liberty should be authorised by the court

Ratio Decidendi

On the totality of the facts, the arrangements constitute restrictions on Mrs L’s liberty but do not cross the line into deprivation; even if deprivation existed, responsibility is diluted by the family’s strong role, and not sufficiently imputable to the State.

Court Disposition

No deprivation of liberty found; State responsibility not established.