Further Guidance on Deprivation of Liberty Reviews

Lord Justice Munby, sitting as a Judge of the Family Division, has provided further guidance on the regime for reviews of deprivation of liberty orders in order to ensure compliance with Article 5(4) of the ECHR. In the matter of BJ (Incapacitated Adult) Sub Nom Salford City Council V BJ (by his Litigation Friend the Official Solicitor) (2009) [2009] EWHC 3310 (Fam) the Court held that ongoing reviews of the continuing detention of persons lacking capacity could, where the facts of the case indicated that it was appropriate, be conducted on the papers, but with the safeguard that the parties would be entitled to request, and the judge to require, an oral hearing where appropriate. The court was required to review the lawfulness of the continued detention of the defendant who, in an earlier hearing (GJ (Incapacitated Adults), Re (2008) EWHC 1097 (Fam), (2008) 2 FLR 1295), had been found to lack capacity. In the previous hearing the court had approved the claimant local authority's care plan for B, which involved his placement in residential accommodation and the deprivation of his liberty. It had also set out a procedure and timetable for reviewing the lawfulness of his detention. Joseph O’Brien, of Paradise Chambers, represented BJ through the Official Solicitor, instructed by Messrs Irwin Mitchell.

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