Vulnerable adults and Human Rights

Cheshire West and Chester Council v P [2011] EWCA Civ 1333

Counsel: For the appellant: Jenni Richards QC, Neil AllenFor the respondent: Richard Gordon QC, Simon BurrowsSolicitors: For the appellant: In-house solicitorFor the respondent: O’Donnells

The court was asked to determine costs following its decision that the local authority’s care plan relating to P, the respondent, who was a vulnerable adult, did not breach his rights under the European Convention on Human Rights 1950 article 5. P was an adult who lacked mental capacity, and was unable to make decisions about his care. He lived in a care home, and had a long history of challenging behaviour, so he needed a high level of care.