A landmark judgment has been handed down in a case where a vulnerable individual was represented by our head of court of protection, Mel Varey, which will overhaul the circumstances where it might be found the State requires a court welfare order to authorise any deprivation of liberty.
In this case it was determined whether our client's deprivation of liberty was imputable to the State. The arrangements for care were entirely privately funded and arranged with no state involvement. Our client was awarded a substantial sum in damages for personal injuries following a road traffic accident several years previously which was managed by his private financial deputy. The judgment changes the circumstances where it might be found that such arrangements are in fact imputable to the State requiring a court welfare order to authorise any deprivation of liberty.
Our head of court of protection Mel Varey said: “This a landmark judgment insofar as it clarifies what amounts to a deprivation of liberty when it comes to whether the State needs to be involved, and extends the protection to vulnerable individuals who lack capacity and who are deprived of their liberty in whatever environment they reside in. The family are pleased with the outcome of this case and are relieved that the legal process has concluded".
Please read the full judgment here.