Ratio Decidendi
A person is deprived of liberty for Article 5 ECHR purposes if they are under continuous supervision and control and are not free to leave, regardless of the purpose of the placement, the relative normality of the living arrangements, or the reason for the incapacity.
Facts
Three incapacitated adults were placed in care homes or foster care under arrangements authorised by the Court of Protection. The question was whether their living arrangements constituted a deprivation of liberty requiring authorisation.
Judgment Summary
The Supreme Court held that the 'acid test' for deprivation of liberty is: (1) the person is under continuous supervision and control, and (2) the person is not free to leave. The person's compliance or lack of objection, the reason for the placement, and the relative normality of the setting are all irrelevant to this assessment.
Key Quotes
"A gilded cage is still a cage. The person is not free to leave and is under continuous supervision and control."
— Baroness Hale
Subsequent Treatment
The 'acid test' is now universally applied in deprivation of liberty cases, dramatically increasing the number of DoLS applications.