— (1) The objective element of Article 5 deprivation of liberty involves a "multifactorial" assessment, taking account of a whole range of factors including the type, duration, effects and manner of implementation of the measure in question. The "acid test" sub-set of factors are not jointly sufficient to show a deprivation of liberty. Relevant considerations include: compliance (and lack of objection), relative normality of the placement, purpose, and coercion (as opposed to innate limitations). (2) In relation to the subjective element, "valid consent" (the presence of which means there is no Article 5 deprivation of liberty at all) has a special Article 5 meaning and can be given by those lacking capacity under domestic law (variously described but essentially based on de facto understanding and happiness). (3) Cheshire West and Chester Council v P [2014] UKSC 19 was overruled under the 1966 Practice Statement. (4) The proposed Northern Irish Revised Code would be Convention compliant. [Detailed summary to follow.]
Full details available at: https://www.mentalhealthlaw.co.uk/AGNI_Reference_(Cheshire_West_Revisited)_(2026)_UKSC_16?id=030626-2058