The Association of Directors of Adult Social Services (ADASS) has issued an advice note to local authorities in light of the Supreme Court ruling in the Cheshire West case.
The advice note outlines the importance of the Cheshire West ruling and highlights the new test for a deprivation of liberty – “If a person is subject both to continuous supervision and control and not free to leave they are deprived of their liberty.”
Local authorities are urged to revisit previous decision making in relation to DoLS applications where the person was found not to be deprived of their liberty – such decisions need to be reviewed applying the new ‘acid test’ which is expected to catch more individuals compared to the previous test.
ADASS recommend that local authorities provide briefing sheets for all partners including staff from care homes, hospitals and supported living environments.
Local authorities have been urged to review their current DoLS teams, including the number of Best Interest Assessors available, in light of the increased workload expected.
CQC and the Department of Health have issued similar guidance for providers. All three advice notes indicate that there is expected to be a significant increase in the number of DoLS cases following the decision of the Supreme Court in Cheshire West.
The Association of Directors of Adult Social Services (ADASS) has issued an advice note to local authorities in light of the Supreme Court ruling in the Cheshire West case.
The advice note outlines the importance of the Cheshire West ruling and highlights the new test for a deprivation of liberty – “If a person is subject both to continuous supervision and control and not free to leave they are deprived of their liberty.”
Local authorities are urged to revisit previous decision making in relation to DoLS applications where the person was found not to be deprived of their liberty – such decisions need to be reviewed applying the new ‘acid test’ which is expected to catch more individuals compared to the previous test.
ADASS recommend that local authorities provide briefing sheets for all partners including staff from care homes, hospitals and supported living environments.
Local authorities have been urged to review their current DoLS teams, including the number of Best Interest Assessors available, in light of the increased workload expected.
CQC and the Department of Health have issued similar guidance for providers. All three advice notes indicate that there is expected to be a significant increase in the number of DoLS cases following the decision of the Supreme Court in Cheshire West.
The Association of Directors of Adult Social Services (ADASS) has issued an advice note to local authorities in light of the Supreme Court ruling in the Cheshire West case.
The advice note outlines the importance of the Cheshire West ruling and highlights the new test for a deprivation of liberty – “If a person is subject both to continuous supervision and control and not free to leave they are deprived of their liberty.”
Local authorities are urged to revisit previous decision making in relation to DoLS applications where the person was found not to be deprived of their liberty – such decisions need to be reviewed applying the new ‘acid test’ which is expected to catch more individuals compared to the previous test.
ADASS recommend that local authorities provide briefing sheets for all partners including staff from care homes, hospitals and supported living environments.
Local authorities have been urged to review their current DoLS teams, including the number of Best Interest Assessors available, in light of the increased workload expected.
CQC and the Department of Health have issued similar guidance for providers. All three advice notes indicate that there is expected to be a significant increase in the number of DoLS cases following the decision of the Supreme Court in Cheshire West.
