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The Patient was removed to Portugal by Mrs Kirk who refused to signed a written declaration of authority which would allow him to return to the UK. She was sentenced to 6 months in prison. The committal order was quashed in November 2016 and at this latest hearing the order was set aside because it would be futile to continue to subject Ms Kirk to coercive orders designed to obtain the Patient's return to this country.
Read the full text of the judgment on Bailii Appeal against judicial review decision that the coroner did not have to hold an inquest with a jury where the appellants claimed that the deceased subject of the case had been in 'state detention' as she had been deprived of her liberty and therefore a jury was required.
Arden LJ dismissed the appeal as the deceased "was not deprived of her liberty at the date of her death because she was being treated for a physical illness and her treatment was that which it appeared to all intents would have been administered to a person who did not have her mental impairment. She was physically restricted in her movements by her physical infirmities and by the treatment she received (which for example included sedation) but the root cause of any loss of liberty was her physical condition, not any restrictions imposed by the hospital. The relevant Strasbourg case law applying in this case is limited to that explaining the exception in Article 5(1)(e), on which the Supreme Court relied in Cheshire West, and accordingly this Court is not bound by that decision to apply the meaning of deprivation of liberty for which that decision is authority." It has been reported that the solicitors for the appellant are seeking leave to appeal to the Supreme Court. Read the judgment on Bailii. Reasons for an order facilitating the delivery of a baby by Caesarean section performed on a 24-year-old woman with a diagnosis of autism and learning disability.
Read the full text of the judgment on Bailii The Patient, aged 46, had suffered from extremely severe and chronic anorexia nervosa since the age of 15. The court had to decide on the extent of her treatment in the knowledge that if she was not detained and force-fed then she was in danger of dying. The decision was made to discharge the Patient from detention under the Mental Health Act to her parents home.
Read the full text of the judgment on Bailii The court authorised the continuing deprivation of liberty of the Patient who suffered from a paedophilic disorder and who was objecting to being supervised while out in the community.
Read the full text of the judgment on Bailii |
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