The appellant, who suffered from vascular dementia and Korsakoff’s syndrome, argued that his detention by the Trust under a standard order of the Mental Capacity Act 2005 amounted to a deprivation of his liberty. He suffered also from diabetes and was not able to treat this properly due to his mental disorder. The Court of Protection held that, although the man was receiving treatment in hospital for his self-neglect, that was a manifestation of his mental disorder, the purpose of his detention was to provide him with physical treatment for his diabetes rather than mental treatment.

GJ v Foundation Trust Court of Protection 20 November 2009