Birmingham City Council v SR [2019] EWCOP 28

Deprivation of liberty during conditional discharge (1) Both patients supported but lacked capacity in relation to the proposed care plans, which involved deprivation of liberty concurrently with a conditional discharge, and those plans were in their best interests. (2) Obiter, the division in the MOJ's post-MM guidance (MCA DOL for incapacitous patients whose risk is to themselves, but MHA s17 leave for incapacitous patients whose risk is to others and for capacitous patients) did not withstand scrutiny as it is in patients' best interests to be kept "out of mischief" and therefore out of psychiatric hospital.

Note

The two cases in this judgment were (1) Birmingham City Council v SR and (2) Lancashire County Council v JTA, so sometimes this judgment gets called SR/JTA.

See also

• HM Prison and Probation Service, 'Guidance: Discharge conditions that amount to deprivation of liberty' (January 2019)
  

Essex

File:Essex newsletter 96.pdf

This case has been summarised on page 27 of 39 Essex Chambers, 'Mental Capacity Report' (issue 96, July 2019).

Essex search

This case's neutral citation number appears in the following newsletters:

• 39 Essex Chambers, 'Mental Capacity Report' (issue 107, September 2020)
• 39 Essex Chambers, 'Mental Capacity Report' (issue 121, April 2022)
• 39 Essex Chambers, 'Mental Capacity Report' (issue 128, December 2022)

CASES DATABASE

Full judgment: BAILII

Subject(s):

• Deprivation of liberty🔍
• Discharge conditions cases🔍

Date: 17/7/19🔍

Court: Court of Protection🔍

Cites:

• SSJ v MM [2018] UKSC 60

Judge(s):

• Lieven🔍

Parties:

• Birmingham City Council🔍
• SR🔍
• Lancashire County Council🔍
• JTA🔍

Citation number(s):

• [2019] EWCOP 28^B
• (2019) 22 CCL Rep 326, [2020] 3 All ER 438, (2020) 172 BMLR 173, [2019] Med LR 510, [2020] COPLR 62

What links here:

• SSJ v MM [2018] UKSC 60
• HM Prison and Probation Service, 'Guidance: Discharge conditions that amount to deprivation of liberty' (January 2019)
• 39 Essex Chambers, 'Mental Capacity Report' (issue 96, July 2019)
• Interface between MHA and MCA
• Jonathan Wilson, 'Mental health: update' (Legal Action, March 2020)
• Jonathan Wilson, 'Mental health: update' (Legal Action, March 2021)
• DSA:MHA - CTOs - Case law

Published: 17/10/20 09:00

Cached: 2024-12-19 09:17:24