Birmingham City Council v SR; Lancashire County Council [2019] – Family Law Week case summary

30 July 2019

Applications for authorisation of care plans, inter alia, for deprivation of liberty [‘DoL’] of restricted patients under ‘Hospital Orders’– applications allowed – Schedule 1A of the Mental Capacity Act 2005 [‘MCA’], the Mental Health Act 1983 [‘MHA’] and M v Secretary of State for Justice (2018) 3 WLR 1784 considered.


The local authorities both applied for authorisation of care plans of 2 restricted patients, which included plans to deprive the respondents of their liberty, following their discharge [JTR] and upon their proposed discharge [SR], respectively, from hospital. Notwithstanding the applications were made under the streamlined procedure, the court decided both cases should be heard together at an oral hearing, given they raised issues about the interrelationship between the MCA and MHA.

Read the full summary here.