- Whether the Patient, R, is free to leave his supported living placement and, if not,
- Whether he is therefore objectively deprived of his liberty, and,
- Whether any deprivation of liberty is imputable to the state within Article 5 ECHR.
The hearing was before Senior Judge Lush who was asked to decide:
Application by the Health Trust, supported by the family of a woman in a permanent vegetative state, for a reporting restriction order (RRO). The application was to extend the RRO indefinitely. Mr Justice Jackson refused the application.
Mr Justice Keehan gave a brief judgment and agreed with the treating clinician that QQ, who has a diagnosis of an emotionally unstable personality disorder and schizophrenia, lacked capacity to make decisions on the issue of her treatment in relation to receiving anticoagulation medication and that it was in her best interests to receive such treatment.
Case summaries & Editor's comments on every Court of Protection case & other relevant decisions with links to the full judgment where available.
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