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Amy Street in Supreme Court deprivation of liberty appeals

20th March 2014

On 19 March 2014 the Supreme Court allowed appeals in the landmark Article 5 ECHR cases of Cheshire West and P&Q. In its long awaited judgment it held that all three of the appellants, who lacked capacity to make their own decisions about residence and care, had been deprived of their liberty by being placed in a residential care setting. Baroness Hale, with whom the majority agreed, emphasised the universal character of human rights, holding that what would be a deprivation of liberty for a non-disabled person is also a deprivation for a disabled person. The key feature was whether the person concerned was under continuous supervision and control and was not free to leave. The person’s compliance or lack of objection, the relative normality of the placement and the purpose behind it were all irrelevant to this objective question.

The judgment is available here and a summary here.

Amy Street represented the successful appellant in Cheshire West.

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