The Lifeline Project was a well-regarded charity. Failure to carry out the targets within the contracts led the charity into insolvency and resulted in a personal, 7-year disqualification order.
The judgement has now been published and can be found by clicking here.
This was one of the cases originally joined together by the President Sir James Munby, in the matter of Re X and others (Deprivation of Liberty) which has led to changes to the Court of Protection Rules, and the recent Law Society guidance on deprivations of liberty (which briefly refers to this case).
Having regard to the test in Cheshire West, Mr Justice Bodey concluded that Mrs L was living “where she always wanted to be” and that whilst her living arrangements caused restrictions to be placed on her liberty, they did not amount to a deprivation. The restrictions were not “continuous or complete”. The judge emphasised that being in one’s own home must be a relevant consideration when weighing up all the factors that may contribute to someone being deprived of their liberty, as opposed to the many individuals lacking capacity who had been “placed” in their residence.
The Judge also made reference to the point made by Mr Justice Mostyn in Rochdale MBC v KW, that Article 5 entitles individuals to liberty and security of the person. Mrs L’s security was being ensured by the restrictions placed upon her.
Finally the Judge addressed whether the arrangements for Mrs L’s care were attributable to the state. Whilst the Judge did not have to consider this element (as he had already determined that the arrangements were not a deprivation of liberty), he found in any event that the arrangements were not attributable to the state. He found that responsibility for Mrs L’s living arrangements were shared between the family and the local authority, thus diluting the role the local authority plays in those care arrangements.
This judgement may generate a mixed response. On the one hand, this common sense approach seems to be just what resource-poor public bodies need as the result may be that many of the predicted thousands of extra deprivation of liberty authorisations will be considered unnecessary. However, it will come as no consolation to those front-line professionals seized with identifying people who are deprived of their liberty for whom Cheshire West may have brought some degree of clarity. The Judge was at pains to point out however that these cases continue to necessarily be fact specific and this was a “finely balanced” case. Whilst Mrs L was found not to be deprived of her liberty in her own home, there will undoubtedly still be many incapacitated individuals whose living arrangements do pass the test in Cheshire West and will require authorisation from the Court of Protection in order to be lawful.
For more information
If you require legal advice in respect of deprivations of liberty and the Court of Protection, please contact Kate Jackson on 0121 214 3585 or email@example.com.
On 23 July, trainees from Anthony Collins Solicitors will host an ‘experience day’, which will involve various activities and presentations, with lawyers and non-lawyers from across the firm.
The Office of the Immigration Services Commissioner (OISC) has launched a new scheme specifically for charities and not-for-profit organisations who want to advise EU citizens on UK settlement.
In the second part of our series on contract management pitfalls, we look at the risks and opportunities presented by payment mechanisms in construction contracts.
Under most construction contracts, the contractor takes on the ground conditions risk. However, a recent case has demonstrated that the risk can fall on the employer.
The UK Government has been consulting on how it should promote social value in its procurements. Here is our response that we submitted to the consultation...
The Tenant Fees Act 2019 came into force on 1 June 2019.
A recent case in the Court of Appeal will no doubt bring a sigh of relief for employers, but a corresponding sigh of disappointment may be uttered for equality and gender balance in the workplace.
This briefing assists response to the consultation paper by outlining the consultation questions, providing some background information and prompting some thoughts and potential answers.
A report published on 29 May by the Institute for Fiscal Studies (IFS) has found that since 2009-10, local government spending on services has fallen on average by 21% in real terms.
To receive invitations to our events, as well as information and articles on legal issues and sector developments that are of interest to you, please sign up to Newsroom.