Rochdale Metropolitan Borough Council v KW and Others [2014] EWCOP 45

Judgment of the Court of Protection considering the application of the ‘acid test’ to determine whether an individual’s rights are engaged under Article 5 of the ECHR 1950 and concluding that the first respondent’s circumstances do not amount to a deprivation of liberty as they do not satisfy the second limb of the ‘acid test’. The judge goes on to urge the Supreme Court to reconsider its decision in the combined appeals in Cheshire West and MIG and MEG [2014].