Deprivation of liberty and intensive care: an update post Ferreira | Zendy

Behrad Baharlo | Zendy; Daniele Bryden | Zendy; Stephen J. Brett | Zendy

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Deprivation of liberty and intensive care: an update post Ferreira

Author(s) -

Behrad Baharlo,

Daniele Bryden,

Stephen J. Brett

Publication year - 2017

Publication title -

journal of the intensive care society

Language(s) - English

Resource type - Journals

SCImago Journal Rank - 0.551

H-Index - 14

eISSN - 2057-360X

pISSN - 1751-1437

DOI - 10.1177/1751143717730677

Subject(s) - medicine , convention , intensive care , law , supreme court , human rights , intensive care unit , psychiatry , political science , intensive care medicine

The right to liberty and security of the person is protected by Article 5 of the European Convention on Human Rights which has been incorporated into the Human Rights Act 1998. The 2014 Supreme Court judgment in the case commonly known as Cheshire West provided for an 'acid test' to be employed in establishing a deprivation of liberty. This 'acid test' of 'continuous supervision and not free to leave' led to concerns that patients lacking capacity being treated on an Intensive Care Unit could be at risk of a 'deprivation of liberty', if this authority was applicable to this setting. This article revisits the aftermath of Cheshire West before describing the recent legal developments around deprivation of liberty pertaining to intensive care by summarising the recent Ferreira judgments which appear for now to answer the question as to the applicability of Cheshire West in life-saving treatment.

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