P v Cheshire West and Chester Council; P and Q v Surrey County Council
[2014] UKSC 19
Ratio Decidendi
A person is deprived of liberty for the purposes of Article 5 ECHR 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 whether the person is compliant or lacks capacity to object.
Ffeithiau
Three individuals who lacked capacity were placed in care arrangements. The question was whether their living arrangements constituted a deprivation of liberty requiring authorisation.
Crynodeb o'r dyfarniad
The Supreme Court held that the 'acid test' for deprivation of liberty is: (1) is the person subject to continuous supervision and control? and (2) is the person free to leave? The purpose and relative comfort of the placement are irrelevant.
Dyfyniadau allweddol
"A gilded cage is still a cage."
— Lady Hale
Triniaeth ddilynol
The 'acid test' is the standard for deprivation of liberty in care settings; led to a massive increase in DoLS applications.