*Rochdale Metropolitan Borough Council v KW and others

Mental health – Court of Protection. The Court of Protection held that where a person, often elderly, who was both physically and mentally disabled to a severe extent, was being looked after in her own home, and where the arrangements happen to be made, and paid for, by a local authority, rather than by the person's own family and paid for from her own funds, or from funds provided by members of her family, art 5 of the European Convention on Human Rights was simply not engaged as there was no deprivation of liberty.

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