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England and Wales Case Law

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Family law

Essex County Council v MH & Ors

The High Court authorised ST’s deprivation of liberty, holding the restrictions were necessary and proportionate while a step-down plan and wider care arrangements were progressed.

  • Deprivation of liberty
  • Secure accommodation
  • Corporate parenting
  • Education provision
  • Therapeutic support
  • Placement monitoring
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Court of protection

AR (Whether restrictions amount to a deprivation of liberty), Re

The Court of Protection held that AR’s supported living placement was not a deprivation of liberty under Article 5 ECHR, despite substantial restrictions and supervision.

  • Capacity to decide residence, care and contact
  • Deprivation of liberty
  • Article 5 echr
  • Article 8 echr
  • Contact arrangements
  • Supported living
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Family law

Medway Council v The Father & Anor

The consents given by O’s father to the restrictions and supervision in O’s care, school, and respite arrangements fall within the zone of his parental responsibility, are in O’s best interests, and therefore do not amount to a deprivation of liberty requiring court authorisation. The application for authorisation is unnecessary and dismissed.

  • Deprivation of liberty
  • Parental responsibility
  • Children with disabilities
  • Article 5 echr
  • Gillick competence
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Mental capacity [2026] EWCOP 19

Bristol City Council v CC & Ors

Bristol City Council v CC & Ors [2026] EWCOP 19 (T3) (30 April 2026)

The Court of Protection made final declarations on CC’s capacity, held his care arrangements amount to a deprivation of liberty, and authorised ongoing best-interests care plans.

  • Capacity assessment
  • Deprivation of liberty
  • Best interests
  • Care arrangements
  • Contact with others
  • Property and financial affairs
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Mental capacity

SJ v Cardiff & Vale University Health Board & Anor

SJ lacks capacity to conduct proceedings, manage diabetes, and make decisions about care and support due to schizophrenia-related delusional beliefs and avolition. She has capacity to decide where to live only between options assessed as meeting her needs. The risks of a trial at home are unacceptably high and cannot be mitigated; continued residence at Z Placement with current care is in her best interests. Deprivation of liberty is necessary, proportionate, and authorised.

  • Capacity assessment
  • Best interests
  • Deprivation of liberty
  • Diabetes management
  • Supported living
  • Litigation capacity
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Mental capacity

Neath Port Talbot Country Borough Council v CK & Ors

Court of Protection case on a vulnerable adult’s habitual residence, travel to Spain, best interests, deprivation of liberty authorisation, and financial deputyship.

  • Habitual residence
  • Deprivation of liberty
  • Best interests
  • Financial deputyship
  • Cross-border incapacity
  • Jurisdiction
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Mental capacity

PX (Contested final hearing), Re

PX lacks capacity to make relevant decisions; MX's contact must be supervised due to risk of emotional harm; PX should reside with FX during holidays; no restrictions on FX's contact; DOLs and permission requirement orders are justified to protect PX's welfare.

  • Capacity assessment
  • Best interests
  • Contact arrangements
  • Deprivation of liberty
  • Supervision of contact
  • Permission to issue proceedings
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Family law

BA (A Child) (DOLS In Hospital), Re

The High Court authorised a short deprivation of liberty for a highly vulnerable child, BA, to enable transfer from an inappropriate hospital setting to a children’s home with education and therapy.

  • Deprivation of liberty
  • Inherent jurisdiction
  • Educational supervision
  • Children act 1989
  • Mental health act 1983
  • Echr article 5
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Family law [2026] EWHC 653 (Fam)

BA (A Child), Re (DOLS in Hospital)

BA (A Child), Re (DOLS in Hospital) [2026] EWHC 653 (Fam) (20 March 2026)

The High Court authorised BA’s deprivation of liberty briefly in hospital to permit transition to a children’s home, stressing the need for education and suitable provision.

  • Deprivation of liberty
  • Children's welfare
  • Inherent jurisdiction
  • Education provision
  • Article 5 echr
  • Mental health
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.