Deprivation of liberty

W Primary Care Trust v TB [2009] EWHC 1737 (COP)

Counsel: For the applicant: Bridget Dolan For the Official Solicitor: Alex Ruck Keene The 2nd, 3rd, 4th and 5th respondents were unrepresented

TB, aged 41, was suffering anxiety and distress as a result of a brain injury, with associated psychiatric disorder. Her condition appeared to have arisen as a result of hypoxia occurring during surgery for a bone disorder. She experienced painful and distressing physical sensations, which she thought stemmed from a physical cause, and she regularly telephoned the emergency services, taxi firms and her GP, and became upset when the help she sought was not offered. A range of psychiatric treatments had done little to improve her condition, and as a result she was admitted to V, a residential care home registered under the Care Standards Act 2000. This was not an NHS institution or an independent hospital.