KW and others v Rochdale Metropolitan Borough Council [20.10.15]

At first instance, Mr Justice Mostyn held that an arrangement for care of KW in her own home did not amount to a deprivation of liberty. In our case review we described this as an extraordinary decision, given the Supreme Court’s judgment in P v Cheshire West and Chester Council and another and P and Q v Surrey County Council [2014]. The Court of Appeal has now overturned Mostyn J’s decision. In its view, his passionate view that the legal analysis of the majority of the Supreme Court in Cheshire West was wrong was in danger of distorting his approach to these cases.