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X v A Local Authority & Anor

2014

COURT OF PROTECTION

United Kingdom

CORAM

  • HIS HONOUR JUDGE CARDINAL

Areas of Law

  • Health Law
  • Human rights Law

AI Generated Summary

His Honour Judge Cardinal of the Court of Protection considered whether X, a retired lawyer with alcohol‑related Korsakoff’s syndrome, should continue to be deprived of liberty at V Care Home after challenging a standard DoLS authorisation. X had earlier been detained under sections 2 and 3 of the Mental Health Act 1983, discharged in April 2014, then subject to urgent and standard authorisations. Evidence came from consultant psychiatrist Dr Loosemore, who opined that X could decide on residence, care and treatment; social worker Ms Andrea Kingdom expressed concern about memory deficits and risks of renewed drinking; treating psychiatrist Dr Al‑Kaissy was unavailable but had previously suggested executive dysfunction. Applying Mental Capacity Act 2005 principles and Re F/SMBC v WMP, the court found X presently has capacity, declined an interim order under s48, and ended detention absent any valid authorisation.