In the months since the landmark decision of the Supreme Court in Cheshire West, the Courts have continued to put into effect Lady Hale’s “acid test”.

In early June, the President of the Court of Protection, Sir James Munby convened an extraordinary 2 day hearing to consider how the Court is to deal with the additional work that will follow the Supreme Court’s ruling. In Re X and others in what he calls a preliminary ruling and handed down on 7th August, the President gets to grips with many of the practical issues facing the Court and those using it. A full summary will follow shortly.

Simon Burrows was instructed by Rochdale Council in one of the cases.

In another case, referred to in Re X, namely Liverpool City Council v SG (by her litigation friends, her parents), Mr Justice Holman had to consider whether a person who had reached the age of 18, and was detained in a children’s home could be deprived of their liberty there? This is now a very important question because almost all incapacitated residents of such institutions are now almost by definition deprived of their liberty. The answer in SG’s case was that she could. However, for a person who has yet to reach the age of 18 the position maybe different.

Adam Fullwood was instructed by Liverpool, and Simon Burrows for SG.


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