title: Court-authorised deprivation of liberty.
abstract: The United Kingdom Supreme Court judgment in Cheshire West and Chester Council v P in 2014 introduced a more inclusive 'acid test' for determining the objective element of a deprivation of liberty in cases concerning people who lack decision-making capacity. The case made clear that adults and young people who lack capacity could be deprived of their liberty in care settings other than hospitals and care homes, including the person's own home. A deprivation of liberty that occurs in a setting other than a hospital or care home must be authorised by a Court. This article explains the revised process for applying for Court authorisation of a deprivation of liberty where it occurs in supported living, Shared Lives placements or the incapable person's own home.
authors.affiliation: Senior Lecturer in Health Law, College of Health Science, Swansea University.
authors.forename: Richard
authors.initials: R
authors.lastname: Griffith
mesh_terms: D003134:Commitment of Persons with Psychiatric Disorders / Q000331:legislation & jurisprudence*; D004739:England; D005610:Freedom; D006806:Human Rights / Q000331:legislation & jurisprudence*; D006801:Humans; D007603:Jurisprudence; D016743:Mental Competency / Q000331:legislation & jurisprudence*; D014481:United States
keywords: Court authorisation; Deprivation of liberty; Practice direction; Welfare order