header-logo header-logo

Landmark deprivation of liberty ruling

30 January 2017
Issue: 7732 / Categories: Legal News
printer mail-detail

A woman with a learning disability who died while in intensive care was not in “state detention”, the Court of Appeal has ruled, upholding a coroner’s decision not to proceed with a full inquest into her death.

The court so held in Ferreira v Coroner of Inner South London [2017] EWCA Civ 31, in a landmark decision on deprivation of liberty in the context of acute medical treatment. The case is the first detailed examination by the Court of Appeal of the Supreme Court’s decision in P v Cheshire West [2014] UKSC 19, which expanded the definition of deprivation of liberty.

Maria Ferreira, who had Down’s Syndrome and could not make decisions about her own care, died at King’s College Hospital, London, in December 2013. A legal dispute arose over whether the inquest into her death should be held with a jury.

The Coroners and Justice Act 2009 requires that a death while in “state detention” which is either unnatural, violent or the cause of death must be subject to an inquest with a jury. The senior coroner decided that Ms Ferreira was not deprived of her liberty and therefore not in “state detention”.

Ben Troke, partner at Browne Jacobson, who advised the intervening parties, the Intensive Care Society and the Faculty of Intensive Care Medicine, said: “This is an important decision for all NHS and independent providers that offer in-patient physical healthcare because it seems to establish that any treatment of physical health will not of itself constitute a deprivation of liberty, where it is the same treatment that would be given to any patient, regardless of their capacity.”

Troke said heathcare providers, “and probably the local authorities currently dealing with the colossal backlog of Deprivation of Liberty Safeguards referrals” would “find this judgment grounded in common sense and hugely welcome.”

However, Saimo Chahal, partner at Bindmans, who acted for the sister of Maria Ferreira, said the decision had led to “less clarity rather than more. There is now so much confusion in this area…that it is vital the Supreme Court now revisit this important issue”.

Issue: 7732 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
back-to-top-scroll