Tags » Deprivation Of Liberty

Taking Liberties.

I can’t pretend to be a Deprivation of Liberty Safeguards (DoLS) aficionada. But a little research reading reveals that the current ‘acid test’, in England and Wales, for assaying whether a person is subject to a Deprivation of Liberty is: if the person is ‘subject to continuous supervision and control and not free to leave’, she or he is deprived of her or his liberty and therefore needs the Safeguards applied, to ensure that the Deprivation and any restrictions or restraints used to enforce it are in the person’s Best Interests. 845 more words

Section 21A applications and legal aid

We reproduce below  a version of the case comment on the case of Briggs v Briggs EWCOP 48 which appeared in the December 2016 39 Essex Chambers… 1,853 more words

Re SRK - Court of Appeal dismisses appeal

The Court of Appeal has dismissed the Secretary of State’s appeal against the decision of Charles J in Re SRK EWCOP 27.   By way of refresher, Charles J found in that case that the state was indirectly responsible for “private” deprivations of liberty arising out of arrangements made by deputies administering personal injury payments.   1,814 more words

Case Comments

Deprivation of Liberty - Part 6

DOLS – Part 6

Following the Cheshire West case in 2014, where the Supreme Court, which is the highest Court in England and Wales, decided that if someone who is cognitively impaired is “under continuous control and supervision”, then they were deprived of their liberty and therefore the deprivation should be authorised.  542 more words

Plymouth

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

Plymouth

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