*Birmingham City Council v SR; Lancashire County Council v JTA

Mental health – Detained patient. There was nothing in the Supreme Court decision in Secretary of State for Justice v MM (M)[2019] 2 All ER 749, or the Mental Capacity Act 2005 (in the light of that decision), which would prevent the Court to Protection from authorising a deprivation of liberty in the present case, concerning two respondents who had been admitted to psychiatric units, but were considered for named placements, which included the deprivation of their liberty. The court held that, under the Mental Health Act 1983, as interpreted in M, there was no power to deprive the patient of his/her liberty, but that that did not prevent MCA 2005 powers being used. Accordingly, the court allowed two local authorities' applications, under MCA 2005, for authorisations relating to the proposed care plans, including the deprivation of their liberty. The court held that the respondents had no capacity to consent to the relevant care plans and that it was in their best interests to be allowed to live at the named placements, and to be deprived of their liberty.

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