Deprivation of liberty: current approach leaves vulnerable clients with limited protection
By Laura Davidson
In P and Q v Surrey County Council & Others  EWCA Civ 190, the Court of Appeal approved Parker J’s suggested new ‘relative normality’ test for assessing whether or not someone was being deprived of their liberty.
If someone’s disabilities and difficulties necessitate assistance that is a significant interference in their life regardless of where they reside, then they are living a relatively normal life ‘for them’. Thus the circumstances are unlikely to amount to a deprivation.
This concept purports to emanate from Engel v Netherlands (1976) 1 EHRR 647, despite its focus on the limitations of the army regime upon a soldier’s lifestyle, rather than a person’s individual characteristics…
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Philip Dayle, barrister at No5 Chambers, recently presented a case upate at the Judicial Review seminars, which were held in Birmingham and London.
This paper considers selected topics in the broad (and full of case law) topic of homeless persons, together with a brief mention of the duty of local housing authorities to carry out a review of accommodation needs.