DM v Y City Council [2017] EWCOP 13

Application brought on behalf of the Patient by way of a challenge to a Standard Authorisation  authorising the deprivation of his liberty at a care home for six months expiring on 2nd August 2017.  The application was dismissed.

The underlying issue was: (a) whether the Patient, who is currently an abstinent alcoholic, should continue to reside and be cared for at the Home, a care home which forbids alcohol, or (b) whether he should be moved, as he wishes to be, to a home which does allow the consumption of alcohol.

The judge refused the application saying that the Patient remaining where he is would be the least restrictive option for him consistently with his best interests and that, although by moving he would be fulfilling his stated wish, he would be losing much else of real value to his quality of life.

Read the full text of the judgment on Bailii