Staffordshire County Council v SKR and others

Mental health – Court of Protection. The Court of Protection held that a welfare order was required from the Court of Protection pursuant to the Mental Capacity Act 2005 in relation to a patient SRK who was being deprived of liberty as defined in art 5 of the European Convention on Human Rights. The regime of law, supervision and regulation relating to the patient's (private) deprivation of liberty within art 5 was insufficient.

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