On 14 August 2023, Ofsted published guidance for providers, social workers and commissioners on placing children who are subject to a deprivation of liberty order (“DoL”) in unregistered settings. The guidance titled, ‘Placing Children: deprivation of liberty orders’ (“Guidance”) should be read by providers who provide care to looked after children in the following settings: …
On 5 April 2023, the Department of Health and Social Care (“DHSC”) announced a further delay to the implementation of the Liberty Protection Safeguards (“LPS”). The LPS were first introduced under the proposed amendments under Schedule 1 to the Mental Capacity (Amendment) Act 2019 (“MC(A)A 2019”). The MC(A)A 2019 was due to amend the Mental …
Further update in relation to the implementation of the Liberty Protection Safeguards Read More »
On 25 August 2020 the DHSC published what might be described as a “one stop shop” guidance document called “Overview of adult social care guidance on coronavirus (COVID-19) This page provides information for adult social care providers about COVID-19 guidance and support on the areas listed below and will be updated to reflect new DHSC, NHS …
DHSC publish “Overview of adult social care guidance on coronavirus (COVID-19)” Read More »
The Department of Health and Social Care has published new guidance on visiting arrangements in care homes. The guidance sets out: the principles of a local approach and dynamic risk assessment advice for providers when establishing their visiting policy advice for providers when taking visiting decisions for particular residents or groups of residents infection control precautions …
New guidance on visiting arrangements in Care Homes Read More »
The CQC has published its third Insight report COVID-19 INSIGHT: Issue 3 . The report explores three main themes: The need for providers and other organisations to collaborate to tackle COVID-19 Concerns that have prompted the CQC to inspect in recent months Challenges that providers have faced in caring for people detained under the Mental …
On 16 July 2020, the Government announced that the Liberty Protection Safeguards (“LPS”) which were due to be implemented on 1 October 2020 will be delayed. The Government is now aiming for full implementation of LPS by April 2022. The Mental Capacity (Amendment) Act 2019, which received Royal Assent in May 2019, introduced LPS to …
Update: The Liberty Protection Safeguards are now due to be implemented in April 2022 Read More »
2018 has seen substantial reform and parliamentary time for the Deprivation of Liberty Safeguards (DoLs) legislation, much to the surprise of people who thought this would not be the case. But these developments have not come without opposition. In July we saw the Mental Capacity (Amendment) Bill introduced. This bill abolished the Deprivation of Liberty …
HSJ – January 2019 – An update on the reform of Deprivation of Liberty Safeguards Read More »
Promoting and safeguarding a person’s autonomy is a fundamental right, which is entrenched in national/international legal systems. Therefore, to infringe on such rights it is imperative that great consideration and thought is given to developing legislation which protect such rights. The Mental Capacity (Amendment) Bill (“Proposed Bill”), will replace the Deprivation of Liberty Safeguards (“DoLS”) in …
The government has introduced a set of deprivation of liberty safeguard reforms which, it claims, will lessen the burden on local authorities, whilst saving an approximate £200 million a year. These savings will contribute to frontline care and tackle the backlog of 108,000 people currently with un-reviewed safeguards. The new bill has been drafted to …
New Reforms Implemented on Deprivation of Liberty Safeguards Read More »
In March, the Law Commission delivered its final recommendations on reforming the Deprivation of Liberty Safeguards (DoLs) system. This came after the Commission concluded the current system was “in crisis” and needed to be replaced “as a matter of pressing urgency”. The name being suggested for the reformed system is “Liberty Protection Safeguards”. Understandably, providers …
Ridout Report – An introduction to the ‘Liberty Protection Safeguards’ – the new DoLs Read More »
Ridouts is a team of specialist health and social care lawyers, providing dedicated legal advice for care homes, GP practices, children’s homes, dental practices, domiciliary and home care agencies, supported and independent living services and both private and NHS hospitals.
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