A senior judge in the Court of Protection challenged the government to provide legal representation for vulnerable people in cases
concerning deprivations of liberty.
Not exact matches
This post
concerns the extent
of any obligations imposed on the UK to investigate violations
of non-refoulement (under Article 3, ECHR) and arbitrary
deprivation of liberty (Article 5, ECHR).
Holly regularly advises and acts in cases
concerning the range
of community care issues, including needs assessment and provision, capacity issues and Court
of Protection applications,
deprivation of liberty, deputy appointments, etc..
Jonathan acted in the important case on the relationship between the Mental Capacity Act 2005 and the Mental Health Act 1983, J v Foundation Trust and others, the recent test case proceedings
concerning the procure for court authorisation
of deprivations of liberty, and has acted in a wide variety
of mental health and capacity cases, covering issues such as capacity to marry and enter into sexual relations, capacity to litigate, cross-border capacity cases, urgent medical treatment cases, mental health habeas corpus cases, and many other areas.
Consequently, taking into account the outcome
of the judgment pointed in para 57 clearly stating that «the answer to the question referred is that Article 26 (1)
of Framework Decision 2002/584 must be interpreted as meaning that measures such as a nine - hour night - time curfew, in conjunction with the monitoring
of the person
concerned by means
of an electronic tag, an obligation to report to a police station at fixed times on a daily basis or several times a week, and a ban on applying for foreign travel documents, does not, in principle, have regard towards the type, duration, effects and manner
of implementation
of all those measures; it is restrictive as to give rise to a
deprivation of liberty comparable to that arising from imprisonment and thus to be classified as «detention» within the meaning
of that provision, which it is nevertheless for the referring court to ascertain».
At Moore Blatch we represent and support individuals, their relatives or carers who are
concerned that a
deprivation of liberty has occurred without all appropriate authorisations in place.