On appeal from: [2011] EWCA Civ 1257; [2011] EWCA Civ 190.

Concerned the criteria for judging whether the living arrangements made for mentally incapacitated people amount to a deprivation of liberty. Held: what would be a deprivation of liberty for a non-disabled person was 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.

For judgment, please download: [2014] UKSC 19
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