Page values for "CB v Medway Council (2019) EWCOP 5"

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_creationDate2019-03-15 8:56:19 PM
_modificationDate2019-03-15 8:56:19 PM
_creatorJonathan
_categories2019_cases Cases Deprivation_of_liberty Judgment_available_on_Bailii
_isRedirectNo
_pageNameOrRedirectCB v Medway Council (2019) EWCOP 5

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Which_tableCases
RSS_title
RSS_description
RSS_pubdate2019-03-15

"Cases" values

SentenceUnfair summary disposal of DOL/residence case
Summary"The simple issue is whether the Judge had sufficient information before her to discount, at this stage, any real possibility of CB returning to her home, supported by the extensive and expensive care package that is being mooted. The language of the Judgment itself, to my mind, answers this question in phrases such as “I very much doubt…. I am very sceptical…. The practicalities are…. likely to be extremely difficult….” I share the Judge’s scepticism and I also very much doubt that even with an extensive package of support a return home will be in CB’s best interest. I note too that Dr Ajiteru expressed himself in cautious terms (see para 10 above). However, scepticism and “doubt” is not sufficient to discount a proper enquiry in to such a fundamental issue of individual liberty. ... It is easy to see why the Judge took the course she did and I have a good deal of sympathy with her. She will have recognised, as do I, that the effluxion of time has had its own impact on the viability of the options in this case. However, what is involved here is nothing less than CB’s liberty. Curtailing, restricting or depriving any adult of such a fundamental freedom will always require cogent evidence and proper enquiry. I cannot envisage any circumstances where it would be right to determine such issues on the basis of speculation and general experience in other cases."
Detail
SubjectDeprivation of liberty
Judicial_history
Judicial_history_first_page
Date2019-03-06
JudgesHayden
PartiesCB Medway Council CM
CourtCourt of Protection
NCN[2019] EWCOP 5
MHLR
ICLR
Essex
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Judgment