Citation

Whitaker D. Disabil. Soc. 2014; 29(9): 1491-1495.

Copyright

(Copyright © 2014, Informa - Taylor and Francis Group)

DOI

10.1080/09687599.2014.948752

PMID

unavailable

Abstract

In March 2014 the UK Supreme Court overturned the Court of Appeal in two seminal co-joined cases (P v Cheshire West and Chester Council, P & Q v Surrey County Council [2014] UKSC 19). The implications of this co-joined judgement signify a wake-up call to all those involved in safeguarding adults at risk. It will dictate the proper test for determining what constitutes a deprivation of liberty, when an individual assessed as lacking mental capacity is required to reside at a particular place for the purpose of receiving care and treatment. This judgement provides essential and necessary protections for many thousands of adults, subject to high levels of restrictive practice, supervision and control.