| Display title | Staffordshire County Council v SRK [2016] EWCOP 27 |
| Default sort key | Staffordshire County Council v SRK (2016) EWCOP 27 |
| Page length (in bytes) | 1,958 |
| Page ID | 8516 |
| Page content language | en - English |
| Page content model | wikitext |
| Indexing by robots | Allowed |
| Number of redirects to this page | 1 |
| Counted as a content page | Yes |
| Page image |  |
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| Page creator | Jonathan (talk | contribs) |
| Date of page creation | 21:18, 25 September 2016 |
| Latest editor | Jonathan (talk | contribs) |
| Date of latest edit | 23:52, 23 July 2023 |
| Total number of edits | 13 |
| 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. | "This case concerns an individual SRK who was severely injured in a road traffic accident. The effects of those injuries are that (a) he lacks capacity to make decisions on the regime of care, treatment and support that he should receive (SRK's care regime), and (b) applying the approach in Cheshire West (see Surrey County Council v P and others; Cheshire West and Chester Council v P and another [2014] UKSC 19M, (2014) AC 896B), SRK's care regime creates, on an objective assessment, a deprivation of liberty. SRK was awarded substantial damages that were paid to his property and affairs deputy (the third Respondent IMTC). He lives at a property that has been bought and adapted for him. His regime of care and support there is provided by private sector providers. The damages funded that purchase and adaptation and fund that regime of care. The issue is whether this situation on the ground is a deprivation of liberty that has to be authorised by the Court of Protection (the COP) by it making a welfare order. The test that the COP would apply in making such an order is whether SRK's care regime is the least restrictive available option to best promote his best interests. The same test applies to the decision makers on the ground. It is common ground that at present SRK's care regime satisfies that test." |
