This handbook provides a clear and detailed explanation of deprivation of liberty safeguards (DoLS). It is written in an accessible and practical format to be of maximum use to health and social care staff so they can be confident using DoLS in daily practice. It comprises a complete, up-to-date guide on DoLS in practice, and contains the latest case law and guidance up to October 2015.
It is estimated that at least one million children are deprived of their liberty worldwide. Held at police stations, detained in prisons and detention centers, or placed in reform schools and other (closed) institutions, these children are often confronte
The Mental capacity Act 2005 provides a statutory framework for people who lack the capacity to make decisions for themselves, or for people who want to make provision for a time when they will be unable to make their own decisions. This code of practice, which has statutory force, provides information and guidance about how the Act should work in practice. It explains the principles behind the Act, defines when someone is incapable of making their own decisions and explains what is meant by acting in someone's best interests. It describes the role of the new Court of Protection and the role of Independent Mental Capacity Advocates and sets out the role of the Public Guardian. It also covers medical treatment and the way disputes can be resolved.
When arrangements are made for someone, in their best interests, that amount to a deprivation of their liberty - for example placing someone in a care home against their wishes - how does the law protect their rights? The law in this vital area has been a mess. In 2014, a parliamentary committee described the current legal framework - the "Deprivation of Liberty Safeguards" (DoLS) - as not fit for purpose, and that was before a Supreme Court judgment (Cheshire West) just a few days later meant that the system has been overwhelmed with vastly more cases than it was built or resourced for. In 2019, legislation was passed with the bare bones of a new system, the Liberty Protection safeguards (LPS), to replace DoLS. But despite a consultation in 2022 on a draft Code of Practice which added some detail, it has now been announced that the LPS will not be implemented before the next general election (expected to be in late 2024), and so in practice may well never be implemented at all. Without those long awaited reforms, we will still have to work with the old system, and all the problems it had that LPS was supposed to fix, notably: That DoLS does not apply beyond care homes and hospitals, and so anyone deprived of their liberty in other settings, such as their own family home, or supported living, can only have this authorised by a court order; Similarly, DoLS only applies over the age of 18, but this leaves a gap for 16-17 year olds where, again, court orders are needed to authorise any deprivation of liberty, as the courts have only recognised parental consent to avoid a deprivation of liberty where the child is under 16; and Even where the DoLS system does apply, over 18 and in care homes and hospitals, there is a colossal mismatch between the system's resources and the workload, with backlogs of a year or more for authorisations to be processed, and tens of thousands of people unlawfully deprived of their liberty. This book will look at: The background and context to the law on deprivation of liberty Article 5 of the European Convention of Human Rights The Bournewood case and the birth of DoLS Cheshire West, the definition of a deprivation of liberty, and how this has applied in a range of settings from the family home to residential care and hospital How DoLS works in practice, including the key safeguards Deprivation of liberty for children and young people Court applications for deprivation of liberty in the community The interface between DoLS and the Mental Health Act Consequences and compensation for an unlawful DoL The Law Commission's review of DoLS, the evolution of the LPS and how it would have worked, and the prospects of reform now; and Making the best of the system we have for now. ABOUT THE AUTHOR Ben Troke is a solicitor and a mediator with 25 years' experience working in health and social care, acting for the NHS and private sector providers all over the country. His particular interest is in decisions about mental capacity, medical treatment and deprivation of liberty, and he regularly deals with urgent applications to court in emergency situations. Ben is independently rated as one of the leading practitioners in the country in the Court of Protection. He currently sits on the Law and Ethics Policy Unit of the Faculty of Intensive Care Medicine, and the Law Society's Mental Health and Disability Committee, and has a decade of experience of sitting on the ethics of clinical practice committee of a large acute NHS Trust. Ben is a regular speaker at conferences nationwide and often provides training, in person and online.
The European Union and Deprivation of Liberty examines the EU legislative and judicial approach to deprivation of liberty from the perspective of the following fundamental rights and principles: the principle of legality and proportionality of penalties; the right to liberty; and the principle that criminal penalties must aim for the social reintegration of the offenders. The book measures the relevant EU law against those rights; this constitutes the very core of the relationship between public powers and individual liberty. The analysis shows that the ultimate goal of the Union is the creation and preservation of the EU as a borderless area. The holistic approach adopted in the book explains how different legal phenomena connected to deprivation of liberty have come into being in EU law. It also shows that those phenomena call for solutions suitable for the peculiarities of the EU legal order.
In the UK, with the increase in both the elderly population and the number of learning disabled adults who need permanent professional care in hospitals and residential homes, health and welfare services have become involved in providing care for vulnerable individuals, often in very difficult circumstances. There is a fine line between what can be considered to be justified in a person's best interests and what may be regarded as a deprivation of his/her liberty. The UK's Mental Capacity Act 2005, supported by the Deprivation of Liberty Code of Practice, sets out the applicable legal framework. However, subsequent UK case law clearly demonstrates that professionals who have to deal with the subtle issues in this difficult area are struggling with the appropriate knowledge and understanding of the statutory provisions, as well as the balance which has to be struck between responsible action to protect an individual's interests and the preservation of liberty. This book provides professionals at all levels with a concise and easily accessible guide to the practice and procedure to be followed in such cases (covering both administrative actions and the role of the Court of Protection). It sets out all the relevant statutory material specific to deprivation of liberty. [Subject: Health Care Law, Human Rights Law]
This book explores the meaning and implementation of international children’s rights law, as laid down in the United Nations Convention on the Rights of the Child and related international and regional human rights instruments. It considers the application of international children’s rights at the national level and addresses key procedural and institutional matters concerning children’s rights implementation, including monitoring, complaints mechanisms, effective remedies, advocacy and international agenda-setting. The book breaks new ground by analysing a wide range of international children’s rights issues from a legal perspective. It incorporates a comparative perspective on children’s rights law at the international, regional and domestic level and contains information on evidence-based strategies towards the implementation and enforcement of international children’s rights law. The book is targeted at academics, legal and other professionals, and advanced students. It analyses children’s rights law in the following areas: implementation and enforcement; advocacy and standard setting; complaints and remedies; the child and the family; adoption; alternative care; protection from violence; civil rights of the child; economic, social and cultural rights; education; health; migration and refugees; children and the justice system; children with disabilities; deprivation of liberty; children’s rights and digital technologies; war and disaster; sustainable development goals and further contemporary issues.
