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Drilldown: Cases

Not many cases (241 of them) have been added to the database so far. To see the full list of cases (2068) go to the Mental health case law page.

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Cases > Subject : Criminal law capacity cases or Deprivation of liberty & Judges : Lieven or Phillips or None

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Page name Sentence Summary
R v C (2008) EWCA Crim 1155

Capacity to consent to sexual activity

If the complainant consented to sexual activity against her inclination because she was frightened of the defendant, even if her fear was irrational and caused by her mental disorder, it did not follow that she lacked the capacity to choose whether to agree to sexual activity. [Overturned on appeal.]

Staffordshire County Council (18 004 809) (2019) MHLO 41 (LGSCO)

Failure to carry out DOLS assessments

LGSCO decision: "The Council has acted with fault in deciding not to assess low and medium priority Deprivation of Liberty Safeguards applications. The Council is also taking too long to deal with urgent applications. This is causing a potential injustice to the thousands of people in its area who are being deprived of their liberty without the proper checks that the restrictions they are subject to are in their best interests." The final sentence of the conclusion states: "[I]t is not acceptable that the only way low and medium priority applications are resolved is because the people involved move away or die."

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