Facts: two children, and one adult, who lacked the capacity to give valid consent to any arrangements for their care, were placed in local authority care.

Judgment: the Supreme Court (Neuberger, Hale, Kerr, Clarke, Sumption, Carnwath and Hodge JJSC) held that a person who lacked capacity to consent to care arrangements was deprived of their liberty if they were under continuous supervision and control by those caring for them and were not free to leave.