WebThe Court of Appeal Judgment in P v Cheshire West and Chester Council (9 November 2011) has turned this upside down. P was a 39 year old man with learning disabilities … WebGiven that DoL is whatever Euro Court says it to be, it is unfortunate that, per Lady Hale at para 32 Cheshire West the law is ‘clear in some respects but not in others’. Prof Jones (Mental Health Act Manual 6 Ed) suggests pragmatism should apply to avoid certain unappealing conclusions eg P in an Intensive Care Unit.
Victory For Mother Of Disabled Man In Cheshire West Case - Irwin …
WebThe Court of Appeal so held when allowing an appeal by the local authority, Cheshire West and Chester Council, from a decision of Baker J on 4 April 2011, [2011] EWHC 1330 (Fam) B that the care plan for P, a 39-year-old man with cerebral palsy and Down’s syndrome, involved a deprivation of liberty for the purposes of article 5 of the European ... WebMar 25, 2014 · As both the minority and Lady Hale noted (the latter at para [53]) no one at any stage suggested that HL's placement would have represented a deprivation of liberty. Lady Hale in her discussion of the case identified - correctly - that the court had not been called upon to confront that issue. asep subarkah yusuf
Supreme Court ruling heralds sharp rise in Deprivation of
WebMay 30, 2014 · Lady Hale, who gave the lead judgment, gave a forthright answer: “ [I]t is axiomatic that people with disabilities, both mental and physical, have the same human … WebMar 20, 2014 · As both the minority and Lady Hale noted (the latter at paragraph 53) no one at any stage suggested that HL’s placement would have represented a deprivation of liberty. Lady Hale in her discussion of the case identified – correctly – that the court had not been called upon to confront that issue. WebMar 19, 2014 · P v Cheshire West and Chester Council; P and Q (MIG and MEG) v Surrey County Council [2014] UKSC 19 (19 March 2014). Summary. The UK Supreme Court handed down a judgment on the two linked appeals known collectively as the Cheshire West Case.The appeals deal with whether and in what circumstances the care and living … asep stroberi bandung dago