UK Supreme Court Judgment 19th March 2014

[2014] UKSC 19

UKSC 2012/0068
P (by his litigation friend the Official Solicitor) (Appellant) v Cheshire West and Chester Council and another (Respondents)
On appeal from the Court of Appeal (Civil Division) (England and Wales)

UKSC 2012/0088
P and Q (by their litigation friend, the Official Solicitor) (Appellants) v Surrey County Council (Respondent)
On appeal from the Court of Appeal (Civil Division) (England and Wales)

These appeals concerned the criteria for judging whether the living arrangements made for a mentally incapacitated person amount to a deprivation of liberty. The first case regards P, a thirty-nine year old with severe physical and learning disabilities who was placed under a care package and whether that package imposes such restrictions upon P that he is deprived of his liberty. In the second case the question is whether the living arrangements of a pair of severely mentally handicapped sisters (P & Q) could be viewed as a deprivation of liberty.

The Supreme Court, unanimously in the appeal of P, and by a majority of 4 to 3 in the appeal of P and Q, allows the appeals.