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 …
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 »
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 …
An Update in Relation to the Implementation of the Liberty Protection Safeguards Read More »
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 …
Further Delays to the Implementation of the Liberty Protection Safeguards Read More »
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