*Re BS;

Mental health – Court of Protection. The applicant local authority sought a ruling on whether the care package for a patient amounted to a deprivation of liberty within the terms of art 5 of the European Convention on Human Rights 1950 which referred to everyone having a right to 'liberty and security of person'. The Court of Protection held that in the circumstances, B was not being deprived of his liberty as the factual situation did not satisfy the acid test of 'I know it when I see it'.

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