Nicholas Dobson explains how Munby LJ’s streamlining bid was thwarted in the Court of Appeal
The decision of the Supreme Court of 19 March 2014 in Cheshire West ( Surrey County Council v P and others (Equality and Human Rights Commission and others intervening), Cheshire West and Chester Council v P and another (Same intervening) [2014] UKSC 19) was a major judgment both for local authorities and those subject to deprivation of liberty cases. For this dealt with the criteria for deciding whether living arrangements for those with mental incapacity are in fact a deprivation of liberty—even when the arrangements are as comfortable as circumstances permit.
If there is such a deprivation in law, then this must be authorised either by a court or by statutory safeguards in the Mental Capacity Act 2005. At the time Mark Palethorpe, Director of Strategic Commissioning at Cheshire West and Chester Council, commented that the decision would have “huge” consequences “for health and social care nationally—both financially and in terms of care processes”.
Lady Hale (who had given the leading judgment in the Supreme Court decision)
