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Information for "Birmingham City Council v SR (2019) EWCOP 28"

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Display titleBirmingham City Council v SR [2019] EWCOP 28
Default sort keyBirmingham City Council v SR (2019) EWCOP 28
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Page creatorJonathan (talk | contribs)
Date of page creation09:00, 17 October 2020
Latest editorJonathan (talk | contribs)
Date of latest edit14:26, 14 December 2021
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(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.
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