Court of Protection expects upsurge in deprivation of liberty cases

Deprivation of liberty cases

The Court of Protection is drawing up plans to cope with a proposed 10-fold surge in the number of legal challenges against decisions taken by local authorities to deprive individuals of their liberty.

Following judgment in a recent case in the Supreme Court, P v Cheshire West and Chester Council, the Court has expressed concern that a numerous individuals may have wrongly been deprived of their liberty on mental health grounds. It is anticipated that the Courts will be flooded with applications from friends, family and loved ones of the individual suffering the deprivation in order to challenge the decisions made.

If you are concerned that Social Services have wrongly removed a friend or family member from their usual surroundings and accommodated them in a care home or a supported living placement then we may be able to help you in seeking resolution of this important issue.

Bhatia Best has a specialist Community Care Team experienced in this area. We are able to offer advice and assistance, on an urgent basis of necessary, and able to seek a determination by the Court. Legal Aid is available for clients that are in receipt of benefits or a low income.
For advice and assistance on any aspect Community Care and Court of Protection work please feel free to contact Martin Bridger, Stuart Luke or the Community Care Team at Bhatia Best on 0115 9503231 or email