Mental health law briefing 212 – The new process for court-authorised deprivation of liberty
The new process for management of applications for a court-authorised deprivation of liberty in settings outside hospitals and care homes comes into force today, 17 November 2014.
The procedure is set out in a new Practice Direction and a new application form has been designed specifically.
In 2 judgments, Sir James Munby, President of the Court of Protection, has formulated a ‘streamlined’ process compatible with the requirements of Article 5 ECHR to enable the Court of Protection to deal with all DoL cases in a timely and just and fair way. In Re X and Others (Deprivation of Liberty)  EWCOP 25 and 37 a broad framework is developed which is referred to as the “Re X Procedure” in correspondence from the Court of Protection to Court Users dated 6 November 2014.
The decisions of the President of the Court of Protection were given in the light of the Supreme Court decision in P v Cheshire West and Chester Council and P and Q v Surrey County Council  UKSC 19.
A dedicated team will deal with applications made under the new process.
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This briefing is for guidance purposes only. RadcliffesLeBrasseur LLP accepts no responsibility or liability whatsoever for any action taken or not taken in relation to this note and recommends that appropriate legal advice be taken having regard to a client's own particular circumstances.