Communicated on 12 May 2014

FOURTH SECTION

Application no. 3090/13 T. T. against Poland lodged on 18 December 2012

STATEMENT OF FACTS

The applicant, Mr T. T . , is a Polish national, who was born in 1964 and lives in C.

A. The circumstances of the case

The facts of the case, as submitted by the applicant, may be summarised as follows.

On 19 March 1997 the applicant was deprived of his legal capacity by the Rzesz ów Regional Court because of his mental disorder ( Ins 10/97).

On 26 June 1997 the Strzyżów District Court appointed the applicant ’ s father as his guardian ( kurator ).

Afterwards the applicant wrote to the prosecutor, the ombudsman and the courts asking to institute legal proceedings to quash his incapacitation order. The applicant himself, lacking legal capacity, could not institute such proceedings.

On 22 April 1999 the Strzyżów District Family Centre ( Powiatowe Centrum Pomocy Rodzinie ) decided to qualify the applicant to the social care home ( dom pomocy społ ecznej ) as requested by his guardian. However, the admission was suspended as there had been no free places.

On an unspecified date in 2003 the applicant was admitted to the B . Social Care Home where he remains to date. The applicant claims that he was placed in the care home against his will and without any medical necessity. In terms of domestic law the admission was voluntary and did not require approval by a court.

After his father ’ s death in 2007 the applicant ’ s sister was appointed as his guardian. Most recently, on 30 March 2010 the Strzyżów District Court appointed the director of the B . Social Care Home as his guardian.

On 7 October 2007 an amendment to the Civil Code entered into force allowing incapacitated person to lodge an application to have a legal incapacitation order quashed or modified. Afterwards the applicant instituted relevant proceedings.

On 17 September 2008 the Rzesz ów Regional Court dismissed a request by the applicant to have his legal capacity restored. The court considered, relying on an expert opinion, that the applicant had a mental disorder and was unable to decide for himself. It appears that the applicant ’ s guardian did not lodge an appeal against the decision.

B. Relevant domestic law and practice

The relevant domestic law and practice concerning the placement of a person in a social care home and quashing his incapacitation order are set out in the Court ’ s judgment in the case of Kędzior v. Poland , no. 45026/07 , § 57, 16 October 2012.

COMPLAINT

The applicant complains about being placed in the social care home against his will and that it has not been possible for him to change this decision. He complains that no institution was able to help him and that no psychiatric examination has been carried out which could establish that his state of health allows him to return to living outside the social home.

QUESTIONS TO THE PARTIES

1. Was the applicant deprived of his liberty in breach of Article 5 § 1 of the Convention?

2. Did the applicant have at his disposal an effective procedure by which he could challenge the lawfulness of his admission to the social care home, and the necessity of his continuing stay in it, as required by Article 5 § 4 of the Convention? Reference is made to the case Kędzior v. Poland , no. 45026/07 , § 57, 16 October 2012.