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HM v Switzerland 39187/98 [2002] ECHR 157

HM had capacity to object but was undecided; the clinic were entitled to infer consent from the lack of objection. ... HM was admitted to a nursing home because of neglect. He cited neglect was not a ground for deprivation of liberty because the Convention only cites vagrancy as grounds in Article 5 (1)

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see also JE v DE (by his litigation friend the Official Solicitor), Surrey County Council [2006] EWHC 3459