P v A Local Authority

P v A Local Authority

The Applicant lacks capacity to decide where he should reside for care and treatment due to his diagnosed impairment, but the best interests requirement for deprivation of liberty is not met because it is not necessary or proportionate to prevent harm to him; the primary risk is to the public, not to the Applicant.

Parties
Applicant: P; Respondent: A Local Authority
Jurisdiction
England and Wales
Judgment Date
17 December 2015
Procedural Posture
Section 21 a Mental Capacity Act Application / Judgment After Contested Hearing
Outcome
Application granted in part; standard authorisation to deprive liberty terminated.
Legal Topics
Deprivation of Liberty, Capacity Assessment, Best Interests, Mental Health, Community Care
Mental Capacity Law Health and Social Care Law Deprivation of Liberty Capacity Assessment Best Interests Mental Health Community Care

Case Brief

Summary, issues, holding and outcome

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Parties

P

Applicant

A Local Authority

Respondent

Procedural Posture

Section 21 a Mental Capacity Act Application / Judgment After Contested Hearing

Legal Issues

  1. 1 Whether the Applicant lacks capacity to decide where he should reside for care and treatment
  2. 2 Whether the deprivation of liberty is in the Applicant's best interests and proportionate

Ratio Decidendi

The Applicant lacks capacity to decide where he should reside for care and treatment due to his diagnosed impairment, but the best interests requirement for deprivation of liberty is not met because it is not necessary or proportionate to prevent harm to him; the primary risk is to the public, not to the Applicant.

Court Disposition

Application granted in part; standard authorisation to deprive liberty terminated.

Orders

  • The supervisory body is directed to terminate the standard authorisation authorising deprivation of liberty.