| Display title | Re AB (Inherent Jurisdiction: Deprivation of Liberty) [2018] EWHC 3103 (Fam) |
| Default sort key | Re AB (Inherent Jurisdiction: Deprivation of Liberty) (2018) EWHC 3103 (Fam) |
| Page length (in bytes) | 1,609 |
| Page ID | 9812 |
| Page content language | en - English |
| Page content model | wikitext |
| Indexing by robots | Allowed |
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| Counted as a content page | Yes |
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| Page creator | Jonathan (talk | contribs) |
| Date of page creation | 01:55, 19 December 2018 |
| Latest editor | Jonathan (talk | contribs) |
| Date of latest edit | 19:15, 19 March 2022 |
| Total number of edits | 10 |
| Total number of distinct authors | 1 |
| Recent number of edits (within past 90 days) | 0 |
| Recent number of distinct authors | 0 |
Description | Content |
Article description: (description)
This attribute controls the content of the description and og:description elements. | AB had capacity to consent to the care, support and accommodation arrangements which were provided as part of his conditional discharge but, following the MM case, there was an unlawful deprivation of liberty. The High Court extended the inherent jurisdiction to regularise the position of a capacitous detained mental health patient subject to restrictions as part of his conditional discharge which satisfied the objective elements of a deprivation of liberty (firstly, it was clear that there was no legislative provision governing this situation in that the Mental Health Act provided no remedy; secondly, it was in the interests of justice; and, thirdly, there were sound and strong public policy justifications). The court order: authorised the deprivation of liberty for 12 months; required the applicant to apply to court if the restrictions increase, and no less than one month before the expiry of the authorisation; and provided for a review on the papers unless a party requests or the court requires an oral hearing. |
