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John McKendrick appears in latest Deprivation of Liberty Case


Date:



John, instructed by Irwin Mitchell, Guile Nicholas, Steel and Shamash and O’Donells, represented 7 respondents in proceedings before the Vice President of the Court of Protection, Mr Justice Charles, in which local authorities sought relief by way of the authorisation of the respondents’ deprivation of liberty, occasioned by their restrictive care plans.

These were the first such applications since the controversial decisions of the President in Re X [2014] EWCOP 25 and 37 and the Court of Appeal in Re X (Court of Protection Practice) [2015] EWCA Civ 599 in which the courts have grappled with the practice, procedure and resource implications of the Supreme Court decision in P (By His Litigation Friend the Official Solicitor) v Cheshire West and Chester Council and Another; P and Q (By Their Litigation Friend the Official Solicitor) v Surrey County Council [2014] UKSC 19; [2014] 1 AC 896.

Charles J authorised the deprivations of liberty, set out new guidance on ‘streamlined applications’ and accepted John’s submissions in respect of the necessary relevant information to be provided by local authorities to the court, when determining whether a deprivation of liberty is lawful, in the person’s best interests and the least restrictive option.

The judgment can be found here.


Barristers: John McKendrick QC
Categories: News