The Supreme Court cases of P v. Cheshire West and Chester

Council and P&Q v. Surrey County Council defined what constitutes a deprivation

of liberty.

The court said that a person who lacked capacity to

consent to their care arrangements was deprived of their liberty, under Article

5 of the European Convention of Human Rights, if:-

  • they were under continuous supervision and control;

  • they were not free to leave, and;

  • their care arrangements were the responsibility of the state.

The ruling confirmed it was irrelevant whether or not the person consented to their care arrangements.

The figures from the Health & Social Care

Information Centre reveal the impact of the rulings on local authorities.Once an application has been completed there

is a requirement for further regular review thus ensuring that care

arrangements continue to be properly safeguarded.