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Deprivation of liberty court cases triple but fall short of Cheshire West...
The number of deprivation of liberty cases handled by the Court of Protection almost tripled last year but remained well short of the number councils believed was required to comply with a landmark...
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Best interests assessor role could be axed to cut costs of deprivation of...
The best interests assessor role could be axed, and independent oversight of deprivation of liberty cases scrapped, under proposals being developed by the Law Commission. In a statement published...
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‘How proposals to reform deprivation of liberty have been pared back to cut...
By Ben Troke and Rebecca Fitzpatrick There is little dispute that the law on deprivation of liberty is in urgent need of reform, and the Law Commission reaffirms in its interim statement, published...
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Government to face legal challenge over deprivation of liberty safeguards...
Four councils have launched a legal challenge against the government on the grounds it has failed to provide sufficient funding for the Deprivation of Liberty Safeguards (DoLS). Nottinghamshire,...
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Ruling on privately-funded care adds to deprivation of liberty caseloads
Councils could be forced to make hundreds of court applications to authorise the deprivation of liberty of people whose care is privately arranged through personal injury compensation deals, following...
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How to manage deprivations of liberty outside of the DoLS framework
By Belinda Schwehr These questions have been raised with Belinda through her legal training sessions and webinars. The legal problem What is the legal problem, in a nutshell, concerning deprivations of...
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Resources to resolve your mental capacity and DoLS practice issues
Mental capacity assessments, best interests decisions and issues around deprivation of liberty are complicated practice areas tied up in complex court rulings and the Mental Capacity Act 2005. This is...
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Guidance on applying the law on deprivation of liberty
By Belinda Schwehr These questions have been raised with Belinda during her training sessions and webinars. When Cheshire West applies Are there any circumstances where the test in Cheshire West...
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‘Demands of deprivation of liberty cases mean delays are inevitable’
By Stephen Chandler Since the landmark Supreme Court ruling in the Cheshire West case in 2014, which significantly expanded the definition of deprivation of liberty, councils have been tackling a huge...
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Guide to the law on deprivation of liberty of children
By Belinda Schwehr There are likely to be a number of children and young people with disabilities who are deprived of their liberty without lawful authority in foster homes, children’s homes, care...
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Thousands of ‘unnecessary’ DoLS inquests causing families distress
Bereaved families are being caused distress by an “unwanted” duty for inquests to be carried out into deaths of anyone under a Deprivation of Liberty Safeguards order. That was the message from the...
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DoLS checks ‘exposing care failings missed by other assessments’
The much-criticised Deprivation of Liberty Safeguards are helping uncover failings in the care of vulnerable people that have been missed by other assessments, according to professionals. A survey of...
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Urgent deprivation of liberty cases ‘not signed off for seven months’
Councils are processing thousands more deprivation of liberty cases but huge backlogs means some urgent applications are not being signed off for seven months rather than the seven days required by...
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How the DoLS can give voice to people with minimal consciousness
By Jakki Cowley Earlier this week, Paul Briggs died, eighteen months after sustaining a traumatic brain injury in a road traffic collision that left him in a minimally conscious state (Source: BBC...
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High Court blocks deprivation of liberty damages claim
The High Court has denied a learning disabled man the right to pursue a claim for up to £150,000 in damages against a council he claimed unlawfully deprived him of his liberty for two and a half years....
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Deprivation of liberty court applications double
The number of deprivation of liberty cases handled by the Court of Protection more than doubled last year, official figures reveal. The court received 3,143 deprivation of liberty applications in 2016,...
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English local authorities face average seven-month DoLS case backlog,...
English councils face deprivation of liberty safeguards (DoLS) case backlogs that in some cases would take years to clear, according to official estimates released this week. The annual DoLS report,...
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