Tags » Deprivation Of Liberty

Objections, DOLS and the Court of Protection

The long-awaited judgment from Baker J following up on AJ has just been published.  A full report will appear in the next 39 Essex Chambers Mental Capacity Law Newsletter, but in brief Baker J had to address the question of: “When, if at all, does the requirement under Article 5(4) to assist P to exercise his or her right of appeal to the Court of Protection under s.21A of the MCA arise in cases other than those in which P expresses a clear and consistent objection to the arrangements for his/her care and treatment?” 762 more words

Deprivation of Liberty - Part 5

DOLS – Part 5

There have been a number of cases following the Supreme Court ruling in the Cheshire West case in 2014.  The key phrase that came from this case was the issue of whether someone who was cognitively impaired was under the “continuous control and supervision” of their carers. 282 more words


Legal aid, Court of Protection and 'contrivance'

This is a Court of Protection case, and it is a Charles J judgment, which means that although it is important, it is complicated and challenging. 3,560 more words

Case Law

INSANITY DEFENSE: LOCKED UP WITHOUT "PROOF BEYOND REASONABLE DOUBT” with no release date– a true deprivation of liberty

Author: Leslie Ann Ferderigos J.D.

INSANITY DEFENSE? REALLY? Lawyers, is the Insanity defense, really the best option for your client? If a defendant’s insanity defense relieves them from conviction, what happens next? 559 more words

Leslie Ferderigos

Deprivation of Liberty - Part 4

DOLS – Part 4

I have looked at a number of cases following on from the Cheshire West case as decided by the Supreme Court, which indicated that if someone is under “continuous control and supervision”, and if they are cognitively impaired, then they are deprived of their liberty and such a deprivation should be authorised. 303 more words


Deprivation of Liberty - Part 3

DOLS – Part 3

Following the case of Cheshire West by the Supreme Court in respect of Deprivation of Liberty there were a number of other cases.  400 more words


Revised COPDOL 10 form to come into effect on 1 December 2016

The revised COPDOL 10 form, incorporating (in particular) the additional questions posed by Charles J in Re NRA, is to come into effect on 1 December.  34 more words

Case Management