DEPRIVATION OF LIBERTY

March 14th, 2024 by James Goudie KC

For there to be a deprivation of liberty, the individual has to be under constant supervision and control, and not be free to leave. Peterborough City Council v Mother ( 2024 ) EWHC 493 ( Fam ) holds that while a severely disabled 12 year old girl was undoubtedly under constant supervision and control, that was in order to meet her care needs, not to prevent her leaving her home, and so there was no deprivation of liberty in her case.

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