DoLS

Ofsted’s Latest Guidance On Placing Children Subject To Deprivation Of Liberty Orders In Unregistered Settings

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: …

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Clarity on Article 2 Obligations: Insights from the Supreme Court Judgement in R (Maguire)[2023]

On 21 June 2023, the Supreme Court handed down judgement in R (on the application of Maguire) (Appellant) v His Majesty’s Senior Coroner for Blackpool & Fylde and another (Respondents), the appeal of an inquest into the death of a vulnerable woman subject to a Deprivation of Liberty Safeguards (“DoLS”) order. In a unanimous decision, the Supreme Court dismissed …

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Joint Committee Publishes Final Report On The Draft Mental Health Bill 2022

On 19 January 2023, the Joint Committee published its final report on the draft Mental Health Bill 2022. The draft Bill was introduced following the Independent Review of the Mental Health Act 1983 (“MHA”) which was chaired by Professor Sir Simon Wessely in 2018. The Review made recommendations in relation to addressing the increase in …

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An Update in Relation to the Implementation of the Liberty Protection Safeguards

In due course, the Liberty Protection Safeguards (“LPS”), introduced under Schedule 1 to the Mental Capacity (Amendment) Act 2019 (“MC(A)A 2019”) will replace the current Deprivation of Liberty Safeguards (“DoLS”) set out in the Mental Capacity Act 2005. However, before this happens there are a few hurdles to cross, as detailed below. On 10 March …

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Further Delays to the Implementation of the Liberty Protection Safeguards

The Department of Health and Social Care (“DHSC”) has announced a further delay to the public consultation on the draft regulations and draft Code of Practice for the Mental Capacity Act 2005 and the Liberty Protection Safeguards (“LPS”). The DHSC had intended to launch the consultation in the summer of 2021 but said that due …

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Government eases visiting restrictions for those lacking mental capacity

On 27 April 2021 the Department for Health and Social Care updated its guidance and additional guidance on visiting restrictions for those who lack capacity. Essentially the guidance states that face-to-face visits by professionals, for example for DoLS assessments, are an important part of the DoLS legal framework.  Such visits can occur if needed, for …

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LPS update: The removal of the Care Home Manager role & the draft regulations

On 16 July 2020, the Government announced that the Liberty Protection Safeguards (“LPS”) which were due to be implemented on 1 October 2020 would be delayed until April 2022. The Mental Capacity (Amendment) Act 2019 (“MC(A)A 2019”), introduced the LPS to replace the Deprivation of Liberty Safeguards (“DoLS”). The LPS will authorise deprivation of liberty …

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NICE guidance on decision making and mental capacity

On 11 August 2020, the National Institute for Health and Care Excellence (“NICE”) published a Quality Standard on ‘Decision making and mental capacity’ (Quality Standard [QS194]). Quality Standards are reviewed by NICE every August and have the aim of helping practitioners improve the quality of care they provide or commission. Quality Standards are endorsed by …

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