The recent judgment of the Supreme Court in the Cheshire West (See Case Law Review #1) has clarified that many more disabled people than previously thought are being deprived of their liberty in health and social care placements – or indeed potentially in their own homes where there is state care provided.
This update explores a case that involves the court working out the link between parental rights and responsibilities and the state’s responsibilities for avoiding or approving deprivations of liberty under Article 5 of the European Convention on Human Rights.