Top judge warns of burden on councils following deprivation of liberty ruling

The President of the Family Division has warned that an “immense burden” could be placed on local authorities in the aftermath of the Supreme Court’s landmark ruling on deprivations of liberty earlier this year, it has been reported.

According to the Press Association, Sir James Munby told the Court of Protection (CoP) at an open hearing last week that the ruling in P&Q and Cheshire West was likely to lead to a “very significant” increase in the number of DoL cases that CoP judges would have to analyse.

"Numbers of deprivation of liberty (cases) are vastly greater than previously assumed," the judge said.

Sir James added that he was monitoring the number of cases coming through the CoP, and the purpose of the open hearing was to bring “administrative order”.

"The fact is if 10,000 applications came in tomorrow they could not be dealt with,” the President told the court. “That is the reality I am afraid."

A further hearing will be held in the next few weeks to analyse the issues in more detail, the PA report added.

In March this year the Supreme Court said that all three individuals at the centre of the P&Q and Cheshire West cases were deprived of their liberty, and so should benefit from the relevant protections of the Mental Capacity Act 2005.

Lady Hale said people with disabilities, both mental and physical, had the same human rights as the rest of the human race. What it meant to be deprived of liberty “must be the same for everyone, whether or not they have physical or mental disabilities”, she said.

Rejecting the “relative normality” approach favoured by the Court of Appeal in Cheshire West, Lady Hale added: “The fact that my living arrangements are comfortable, and indeed make my life as enjoyable as it could possibly be, should make no difference. A gilded cage is still a cage.”

Both the Department of Health and the Care Quality Commission have issued briefings on the implications of the judgment and actions that should be taken.

See also: Landmark Supreme Court ruling sets out test on deprivations of liberty

Impact of Supreme Court deprivation of liberty ruling “huge”, says council

Dept of Health suggests actions to take after Supreme Court DoL ruling

Watchdog issues briefing on Supreme Court deprivation of liberty ruling


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Deprivations of Liberty: The key to the 'Gilded Cage' £25.00 Jenni Richards QC, Fenella Morris QC, Nicola Greaney and Ben Tankel look at whether the Supreme Court's decision in P&Q v Cheshire West and Chester Council means that there is now a single 'acid test' for Deprivations of Liberty and assesses its ingoing implications.