P v Surrey County Council and another

Mental health – Court of Protection. The applicant, a young man with severe learning disability and autistic spectrum disorder, applied for consideration of the deprivation of his liberty. The Court of Protection held, among other things, that the first respondent local authority's submission that it was not unreasonable to authorise the applicant's deprivation of liberty for ten months on the basis that his relevant person's representative or his family members could apply to discharge it had been the wrong approach. It was for the supervisory body to ascertain the least restrictive alternative, including the question of duration.

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