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Chapter 4 - Deprivation of Liberty Safeguards: Past, Present and Future

Published online by Cambridge University Press:  17 June 2019

By
Susan F. Welsh
Edited by
Rebecca Jacob ,
Michael Gunn  and
Anthony Holland
Rebecca Jacob
Affiliation:
University of Cambridge
Michael Gunn
Affiliation:
Staffordshire University
Anthony Holland
Affiliation:
University of Cambridge
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Summary

The DoLS framework is contained in Schedule 1A to the Mental Capacity Act (MCA) 2005 and applies to all hospitals (general and psychiatric) and care homes (including private care homes) but not to deprivation of liberty in supported living, shared lives, and private and domestic settings. The hospital and care home must apply for authorisation of deprivation of liberty from the ‘supervisory body’ (local authorities in England and in Wales but to the Local Health Board for hospital deprivation of liberty in Wales).

Type
Chapter
Information
Mental Capacity Legislation
Principles and Practice
 , pp. 56 - 73
Publisher: Cambridge University Press
Print publication year: 2019

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References

References

Bowcott, O. (2019) Mental capacity changes give care homes too much power, critics say. Guardian News Article. https://www.theguardian.com/uk-news/2019/jan/17/mental-health-changes-england-wales-give-care-homes-too-much-power-government-warnedGoogle Scholar
Crews, M., Garry, D., Phillips, C., Wong, A., Troke, B., Ruck Keene, A. & Danbury, C. (2014) Deprivation of liberty in intensive care. The Intensive Care Society.Google Scholar
Department of Health Guidance (2015) Response to the Supreme Court Judgment/ Deprivation of Liberty Safeguards, Department of Health, 22 October.Google Scholar
Department of Health (2018) New law introduced to protect vulnerable people in care, Department of Health, 3 July 2018Google Scholar
ECHR Convention for the Protection of Human Rights and Fundamental Freedoms (Rome 1950).Google Scholar
Mental Capacity Act 2005. House of Lords Select Committee on the Mental Capacity Act: Report of session 2013–2014: Mental Capacity Act 2005: Post-legislative Scrutiny [2014] HL 139 paragraph 32.Google Scholar
Mental Capacity Act 2005. Deprivation of Liberty Safeguards (England) Annual report 2014–2015. Health and Social Care information centre.Google Scholar
Mental Capacity and Deprivation of Liberty, Law Commission no. 372. HMSO 2017.Google Scholar
Mental Capacity (amendment) Bill [HL] 2017–2019.Google Scholar
Report of the Chief Coroner to the Lord Chancellor, third annual report 2015–2016.Google Scholar
UN Convention on the Rights of Persons with Disabilities (adopted 13 December 2006, entered into force 3 May 2008) 2515 UNTS 3 (CRPD).Google Scholar

Case law

AM v. South London and Maudsley NHS Foundation Trust and the Secretary of State for Health [2013] UKUT 0365 (AAC).Google Scholar
Cheshire West and Chester Council v. P [2014] UKSC 19 [2014] MHLO 16.Google Scholar
GJ v. the Foundation Trust [2009] EWHC 2972 (fam) [2010].Google Scholar
Guzzardi v. Italy [1980] 3 EHRR 333 (app No 7367/76).Google Scholar
HL v. UK [2004] 40 EHRR 761.Google Scholar
Liverpool City Council, Nottinghamshire County Council, LB of Richmond upon Thames and Shropshire Council v. SSH.Google Scholar
N v. ACCG and others [2017] UKSCC 22.Google Scholar
N v. A Local Authority [2016] EWCOP 47.Google Scholar
Neary (Hillingdon LB v. Neary) [2011] EWHC 1377 (COP) [2011] 4 All ER 584.Google Scholar
NHS Trust and others v. FG [2014] EWCOP 30.Google Scholar
NHS Trust I v. G [2015] 1 WLR 1984.Google Scholar
P v. A Local Authority [2015] COP no 12715633.Google Scholar
R (Ferreira) v. HM Senior Coroner for Inner South London and others [2017] EWCA Civ 31.Google Scholar
Re SRK [2016] EWCOP 27.Google Scholar
Re X (Court of Protection Procedure) [2015] EWCA Civ 599.Google Scholar
SSJ v. Staffordshire CC & Ors [2016] EWCA Civ 1317.Google Scholar
Storck v. Germany 61603/00 [2005] ECHR 406.Google Scholar
Wintwerp v. Netherlands 6301/73 [1979] ECHR 4.Google Scholar

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