Thursday 21 July 2011

Share This Page

Email This Page

"*" indicates required fields

This field is for validation purposes and should be left unchanged.

Cheshire West & Chester Council v P (by his litigation friend the Official Solicitor) and M [2011] EWHC 1330 (COP) (Baker J): P was a 38-year old man who had cerebral palsy, Down’s Syndrome, a history of cerebral vascular accidents and significant physical and learning disabilities. He displayed very challenging behaviour .The Court was asked to decide whether his placement at a residential care home amounted to a deprivation of liberty. It found that it did. Whilst P’s life had a strong degree of normality and the accommodation was not designed for compulsory detention, his life was completely under the control of the staff and at times his behaviour required physical restraint or intrusive procedures. The steps required to deal with his challenging behaviour led to a clear conclusion that overall P was being deprived of his liberty. The Court also ordered that the local authority pay part of P’s and M’s costs and that the issues were of sufficient importance to justify identifying the local authority. Click here for the transcript.

We are top ranked by independent legal directories and consistently win awards.

+ View more awards