Cheshire West and Chester Council v P [2014] UKSC 19

(1) The 'acid test' for deprivation of liberty is whether the person is under continuous supervision and control and is not free to leave. (2) The following are not relevant: (a) the person's compliance or lack of objection; (b) the relative normality of the placement (whatever the comparison made); and (c) the reason or purpose behind a particular placement. (3) Because of the extreme vulnerability of people like P, MIG and MEG, decision-makers should err on the side of caution in deciding what constitutes a deprivation of liberty.

Related judgments

• Cheshire West and Chester Council v P [2014] UKSC 19

• Cheshire West and Chester Council v P [2011] EWCA Civ 1333

• Cheshire West and Chester Council v P [2011] EWCA Civ 1257

• Cheshire West and Chester Council v P [2011] EWHC 1330 (COP)

• Re P and Q; P and Q v Surrey County Council; sub nom Re MIG and MEG [2011] EWCA Civ 190

• Re MIG and MEG [2010] EWHC 785 (Fam)

Citation

[2014] MHLO 16

External links

• BAILII
  - Includes link to press summary

• Youtube, 'UK Supreme Court Judgment 19th March 2014' (19/3/14)†. Video of Lady Hale explaining Supreme Court decision

• Alex Ruck Keene, 'Cheshire West: the Supreme Court’s right hook' (Mental Capacity Law and Policy, 19/3/14)

• Doughty Street Chambers, 'A gilded cage is still a cage' (19/3/14)†

• Simon Burrows, 'What is deprivation of liberty? The Supreme Court speaks' (19/3/14)

• O'Donnell's Solicitors, 'Cheshire West: The Supreme Court decides' (information sheet March 2014 no 2, 19/3/14)

• Mithran Samuel, 'Supreme Court ruling heralds sharp rise in Deprivation of Liberty Safeguards cases' (Community Care, 19/3/14)

• Alex Ruck Keene, 'Cheshire West - one day on' (Mental Capacity Law and Policy, 20/3/14)

• Lucy Series, 'The Acid Test' (The Small Places, 20/3/14)

• John Bingham, 'Courts braced for surge in cases of elderly locked up against their will' (Telegraph, 8/5/14)† In this report on a directions hearing, Munby P is reported as saying, 'I want to try to bring some measure of administrative order and proper process into play in the light of the ramifications of the recent judgment of the Supreme Court.'

• Local Government Lawyer, 'Number of deprivation of liberty cases "to rise ten-fold", warn councils' (10/6/14)

• Richard Gordon QC, 'Thoughts on P v Cheshire West; P & Q v Surrey County Council' (2014) 17 CCLR 416 . (Closing address at LAG Community Care conference, 5/12/14)

• Jon Holbrook, 'A distorted view' (New Law Journal, 7/5/14)