Overview of what is required by the rules on Deprivation of Liberty, under the DoL Safeguards Archives - Centre for Adults' Social Care - Analysis, Information and Dispute Resolution

Somerset NHS Foundation Trust v Amira [2023] EWCOP 25

Leave a Comment / Assessing for incapacity where it is relevant to Care Act functions, Authority to consent on behalf of others to touching, bodily interventions, restraint or deprivation of liberty, Emergencies and vital acts justifying deprivation of liberty before a court application is heard, How the Mental Capacity Act affects the Care Act, Information sharing with respect to the data of people lacking in capacity to consent, Overview of what is required by the rules on Deprivation of Liberty, under the DoL Safeguards, Procedural safeguards before meeting needs with a regime that amounts to Deprivation of Liberty / CASCAIDr

https://www.bailii.org/ew/cases/EWCOP/2023/25.html The Trust, upon bringing this case, sought a reporting restrictions order given the exceptionally private and personal nature of a case concerning serious medical treatment. The Judge undertook a balancing exercise of Article 8 and Article 10 of the ECHR and was satisfied that a reporting restrictions order should be made, and the pseudonym […]

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From the Open Justice Court of Protection Project….

Leave a Comment / Authority to consent on behalf of others to touching, bodily interventions, restraint or deprivation of liberty, How the Mental Capacity Act affects the Care Act, Overview of what is required by the rules on Deprivation of Liberty, under the DoL Safeguards, Procedural safeguards before meeting needs with a regime that amounts to Deprivation of Liberty, Remedies for breach of the Mental Capacity Act regarding deprivation of liberty / CASCAIDr

An ‘impasse’ on face-to-face contact between mother and daughter COP 13258625, before Mr Justice Poole, on 19 June 2023 Precis of an Open Justice Court of Protection Project account of the hearing by Celia Katzinger This was a remote hearing in the Court of Protection about FP, a woman deprived of her liberty in a

From the Open Justice Court of Protection Project…. Read More »

After years of fighting for an adequate care package at home, my elder sister’s council/social worker offered her a care home and refused to provide a slight increase in care that would have meet her needs in the community. Since she’s been in the care home she has rapidly declined in her physical and mental health as well as her mobility and cognitive/language abilities. She still maintains her own GP, who is shocked by how rapidly she’s declined despite the home providing decent care. She is a thousand times worse in the residential home than she was in her own place with the meager amount of support she was given. Is there anything at all we can do about this to hold the council responsible for failing her in this way?

Does she have a home to go to, still? I.e. accommodation where she has a right to occupy? It doesn’t have to be HERS – it could be the home of a relative, or the opportunity to have a tenancy in another building in which care could be provided, in theory. If so, ask for

After years of fighting for an adequate care package at home, my elder sister’s council/social worker offered her a care home and refused to provide a slight increase in care that would have meet her needs in the community. Since she’s been in the care home she has rapidly declined in her physical and mental health as well as her mobility and cognitive/language abilities. She still maintains her own GP, who is shocked by how rapidly she’s declined despite the home providing decent care. She is a thousand times worse in the residential home than she was in her own place with the meager amount of support she was given. Is there anything at all we can do about this to hold the council responsible for failing her in this way? Read More »

SCC v MSA & Ors (2017)

Authority to consent on behalf of others to touching, bodily interventions, restraint or deprivation of liberty, Care Planning, Budgets and Choice Rights, DoLS and CoP authorisation of restrictive regimes in the context of care planning, Due process rights in care planning, How the Mental Capacity Act affects the Care Act, Overview of what is required by the rules on Deprivation of Liberty, under the DoL Safeguards, Procedural safeguards before meeting needs with a regime that amounts to Deprivation of Liberty / Zoe Parsons

Keywords: Rule 3A representatives MSA was a young man with profound learning disabilities who was unable to communicate or mobilise independently. He was being cared for in his family home with a package of care commissioned by S CCG. That package of care involved MSA’s deprivation of liberty which had been authorised by the court

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Information Sharing pre Care Act

Leave a Comment / Authority to consent on behalf of others to touching, bodily interventions, restraint or deprivation of liberty, Historical, Historical Information rights, How the Mental Capacity Act affects the Care Act, Maximising people’s capacity to make decisions in every respect BEFORE deciding they lack capacity, Overview of what is required by the rules on Deprivation of Liberty, under the DoL Safeguards, Procedural safeguards before meeting needs with a regime that amounts to Deprivation of Liberty / belindaschwehr

Unless one or more the conditions appearing below applies, processing of sensitive personal data by anyone is expressly prohibited by the Data Protection Act 1998. But there are exceptions which apply to those concerned with the protection of vulnerable adults. The most relevant conditions for lawful processing are: Explicit consent The processing is necessary in order

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Westminster City Council v Manuela Sykes (by her RPR and litigation friend, RS) [2014] Case Number: COP1238388T

Leave a Comment / Care Planning, Budgets and Choice Rights, DoLS and CoP authorisation of restrictive regimes in the context of care planning, Due process rights in care planning, Duties and Discretions, How the Mental Capacity Act affects the Care Act, Overview of what is required by the rules on Deprivation of Liberty, under the DoL Safeguards, Procedural safeguards before meeting needs with a regime that amounts to Deprivation of Liberty, The irrelevance of a council's financial resources for whether a need is met; relevant only for HOW / Gabe

Manuela Sykes (MS) was an 89 year old woman, an ex Labour MP, who now suffered from dementia and had been deprived of her liberty in a care home by virtue of an authorisation granted by her local authority under the Mental Capacity Act 2005. On numerous occasions MS had expressed a wish to return

Westminster City Council v Manuela Sykes (by her RPR and litigation friend, RS) [2014] Case Number: COP1238388T Read More »

Sunderland City Council v PS (by her litigation friend the Official Solicitor) and CA

Leave a Comment / Authority to consent on behalf of others to touching, bodily interventions, restraint or deprivation of liberty, Care Planning, Budgets and Choice Rights, DoLS and CoP authorisation of restrictive regimes in the context of care planning, Due process rights in care planning, Emergencies and vital acts justifying deprivation of liberty before a court application is heard, How the Mental Capacity Act affects the Care Act, Overview of what is required by the rules on Deprivation of Liberty, under the DoL Safeguards, Procedural safeguards before meeting needs with a regime that amounts to Deprivation of Liberty / Gabe

The proceedings concerned PS, an elderly lady born in 1925. The evidence indicated that she lacked capacity in relation to issues of residence, contact, financial management and other welfare issues arising. She was ready for discharge from hospital when her daughter, CA, informed the hospital that she was intending to discharge her mother into her

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Staffordshire County Council v SRK & Anor [2016] EWCOP 27 SRK

Leave a Comment / Care Planning, Budgets and Choice Rights, DoLS and CoP authorisation of restrictive regimes in the context of care planning, Due process rights in care planning, How the Mental Capacity Act affects the Care Act, Overview of what is required by the rules on Deprivation of Liberty, under the DoL Safeguards, Procedural safeguards before meeting needs with a regime that amounts to Deprivation of Liberty, Remedies for breach of the Mental Capacity Act regarding deprivation of liberty / Gabe

Staffordshire County Council v SRK & Anor [2016] EWCOP 27 SRK SUMMARY: An extremely complex judgement which examines in depth the issue of imputability to the state of a deprivation of liberty in the circumstances of a damages award being administered by a deputy. It was held that it is necessary for a welfare order

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Secretary of State for Justice v Staffordshire County Council & Anor [2016]

Leave a Comment / Article 5 the right to liberty, Article 5 the right to liberty, Care Planning, Budgets and Choice Rights, DoLS and CoP authorisation of restrictive regimes in the context of care planning, Due process rights in care planning, How the Mental Capacity Act affects the Care Act, Human Rights in health and Social Care, Human Rights relevant to Care Planning, Judicial Review, Overview of what is required by the rules on Deprivation of Liberty, under the DoL Safeguards, Procedural safeguards before meeting needs with a regime that amounts to Deprivation of Liberty, Remedies, rights, complaints, regulatory and criminal law aspects to adult social care, enforcement of one’s rights / Gabe

Secretary of State for Justice v Staffordshire County Council & Anor [2016] Keywords: DoL, State Imputability In the sequel to Staffordshire County Council v SRK & Anor [2016], the Court of Appeal has unanimously upheld Charles J’s ruling that a positive obligation under Article 5 is triggered by state involvement in an otherwise private Deprivation

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Salford City Council v (1) GJ, (2) NJ and (3) BJ (by their respective litigation friends) [2008] EWHC 1097 (Fam) EWHC 1097 (Fam)

Leave a Comment / Care Planning, Budgets and Choice Rights, DoLS and CoP authorisation of restrictive regimes in the context of care planning, Due process rights in care planning, Emergencies and vital acts justifying deprivation of liberty before a court application is heard, How the Mental Capacity Act affects the Care Act, Overview of what is required by the rules on Deprivation of Liberty, under the DoL Safeguards, Procedural safeguards before meeting needs with a regime that amounts to Deprivation of Liberty, Remedies for breach of the Mental Capacity Act regarding deprivation of liberty / Gabe

This case, bought under the inherent jurisdiction of the High Court, concerned the legality of the Local Authority’s care plan for BJ, an adult without the capacity to determine where he should live or with whom he should have contact. The Local Authority had proposed arrangements which, they conceded did amount to a deprivation of

Salford City Council v (1) GJ, (2) NJ and (3) BJ (by their respective litigation friends) [2008] EWHC 1097 (Fam) EWHC 1097 (Fam) Read More »