Earlier findings by Lord Justice Munby that safeguards do not apply because deprivation of liberty has a benevolent purpose are no longer supported by the more recent approach taken by the European Court of Human Rights, writes David Hewitt
'Residual liberty' and the idea that the extent of deprivation is a relative question sit uncomfortably with the Deprivation of Liberty Safeguards, says David Hewitt
The courts have regarded the difference between a restriction on and deprivation of liberty as a matter of degree, but the real question is whether liberty is an absolute concept. David Hewitt reviews the application of the new Deprivation of Liberty Safeguards
Those wanting to bring mental health claims must now not only prove that their case is arguable, but also that it has a real chance of success, says David Hewitt