Medical Treatment: Decisions and the Law

6. Restraint and Deprivation of Liberty

Update to para 6.129, page 221: Conclusion and Future Legislation:

Sarah Simcock


The Law Commission published its final Report on Mental Capacity and Deprivation of Liberty  on 13 March 2017, along with a draft Bill. The full report is available here and a summary of the Law Commission’s conclusions are set out below. As anticipated, the Law Commission focus was on creating a more workable process, whilst placing P at the heart of decision making.

Update to para 6.79 – para 6.86, page 200: Admission to an intensive care unit: R(LF) v HM Senior Coroner for Inner South London (“Ferreira”)

Sophia Roper & Christopher Johnston QC


The Court of Appeal dismissed the appeal in R (ota Ferreira) v HM Senior Coroner for Inner South London [1] (“Ferreira”), but with slightly different reasoning from the Divisional Court. Arden LJ stated that the Deceased:


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