Since the decision of the Supreme Court in P v Cheshire West and Chester Council (& Ors) and P and Q v Surrey County Council (Cheshire West), there has been a vast increase in the number of people deprived of their liberty by the state.

Many CCGs are reviewing their NHS Continuing Healthcare packages to determine whether the care packages amount to a deprivation of liberty under the new test. Where the patient’s care package is not delivered in a care home or hospital (such as supported living) an application will need to be made to the Court of Protection for an Order approving the care plan..