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For NHS and independent sector providers involved in the physical treatment of adults lacking capacity, the news that the Supreme Court has refused permission to appeal in the Ferreira case concerning deprivation of liberty in the intensive care setting may come as positive news.
It therefore follows that the decision of the Court of Appeal is authoritative – for now at least. In Ferreira the Court of Appeal decided that the coroner was correct in his original decision that no jury was required for an inquest into the death of an incapacitated patient who died while she was in intensive care.
In addition, as many of you will be aware as from 3 April local coroners will no longer be required to hold an inquest where the deceased was deprived of their liberty following amendments to the Policing and Crime Act 2017.
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