Court of Protection judge criticises firm for ‘brutal and insensitive’ comments – Law Society’s Gazette

‘A north-west firm is considering appealing a Court of Protection ruling in which it was removed as a financial deputy in a case concerning deprivation of liberty and care arrangements.’

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Law Society’s Gazette, 19th August 2016

Source: www.lawgazette.co.uk

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Staffordshire County Council v K and others – WLR Daily

Staffordshire County Council v K and others [2016] EWCOP 27

‘An incapacitated adult (“K”), who had been severely injured in a road traffic accident, was awarded substantial damages in court proceedings which were used by his property and affairs deputy, a private trust corporation, to provide a specially adapted residence and to fund the regime of care and support provided by private sector providers. The local authority, having been informed of the arrangements for K’s care and the arrangements having been registered with the Care Quality Commission, applied to the Court of Protection for a welfare order under section 16 of the Mental Capacity Act 2005. The parties accepted that the arrangements constituted a deprivation of liberty satisfying two of three components of a deprivation of liberty within article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms, but the Secretary of State contended that the third component, namely the attribution of responsibility to the state, did not apply to the privately funded and arranged care regime (and to others in an equivalent position), so that the care regime could lawfully be put in place without a welfare order being made under the Act.’

WLR Daily, 25th May 2016

Source: www.iclr.co.uk

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Judge challenges government over legal representation for vulnerable people – The Guardian

‘A senior judge has challenged the government to provide legal representation for vulnerable people as a backlog of safeguarding cases that cannot be tried builds up in the court of protection.’

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The Guardian, 10th March 2016

Source: www.guardian.co.uk

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Mental Capacity Law Newsletter – 39 Essex Chambers

Mental Capacity Law Newsletter (PDF)

39 Essex Chambers, November 2015

Source: www.39essex.com

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Inquests & Deprivation of Liberty – No. 5 Chambers

Posted September 4th, 2015 in care homes, deprivation of liberty safeguards, detention, hospitals, inquests, news by sally

‘In December 2014, the Chief Coroner issued guidance as the approach to be taken when someone dies at a time when they are deprived of their liberty under the Mental Capacity Act 2005 (MCA 2005). Its effect is yet to be seen.’

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No. 5 Chambers, 2nd September 2015

Source: www.no5.com

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Court of Appeal comments on deprivation of liberty and being party to proceedings – Local Government Lawyer

‘The Court of Appeal has held that it did not have jurisdiction to determine appeals against the President of the Court of Protection’s Re X rulings in which he sought to streamline procedures for dealing with certain types of deprivation of liberty cases.’

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Local Government Lawyer, 16th June 2015

Source: www.localgovernmentlawyer.co.uk

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Relatives of dementia sufferers who die in care homes having to wait months to bury loved ones thanks to new Government rules – The Independent

‘Relatives of dementia sufferers who pass away in care homes are being forced to wait months to bury loved ones because of new rules.’

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The Independent, 28th May 2015

Source: www.independent.co.uk

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Mental Capacity Law Newsletter – 39 Essex Chambers

Posted April 29th, 2015 in deprivation of liberty safeguards, mental health, news, Scotland by sally

Mental Capacity Law Newsletter (PDF)

39 Essex Chambers, April 2015

Source: www.39essex.com

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Deprivation of liberty guidance clarifies rules – Law Society’s Gazette

‘The Law Society has today issued new guidance on deprivation of liberty safeguards (DOLS) to help lawyers meet an expected 10-fold surge in the number of legal challenges to DOLS over the coming year.’

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Law Society’s Gazette, 9th April 2015

Source: www.lawgazette.co.uk

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Mental Capacity Law Newsletter – 39 Essex Chambers

Posted April 2nd, 2015 in deprivation of liberty safeguards, mental health, news, Scotland by sally

Mental Capacity Law Newsletter (PDF)

39 Essex Chambers, March 2015

Source: www.39essex.com

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Judge hits out at Court of Appeal over consent order in deprivation of liberty case – Local Government Lawyer

‘A High Court judge has accused the Court of Appeal of apparently taking a “procedurally impermissible route” and making a consent order that was ultra vires, in legal proceedings over whether a woman looked after at home had been deprived of her liberty.’

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Local Government Lawyer, 18th March 2015

Source: www.localgovernmentlawyer.co.uk

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In re AJ (Deprivation Of Liberty: Safeguards) – WLR Daily

In re AJ (Deprivation Of Liberty: Safeguards) [2015] EWCOP 5 ; [2015] WLR (D) 64

‘In situations involving a deprivation of liberty local authorities and professionals needed to be alert to cases where vulnerable people were admitted to residential care, ostensibly for respite care, when the underlying plan was for a permanent placement without proper consideration of their rights under article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 10th February 2015

Source: www.iclr.co.uk

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Elderly man ‘held prisoner’ in care home – Daily Telegraph

‘An elderly man suffering from dementia was treated like a “prisoner” after social workers dispatched him to a nursing home against his and his family’s wishes without going through proper legal processes, a formal investigation has found.’

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Daily Telegraph, 28th January 2015

Source: www.telegraph.co.uk

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Nonagenarian unlawfully detained in care home for nearly two years – UK Human Rights Blog

‘The Court of Protection has castigated the actions of a County Council in depriving an old person of his liberty and dignity in their overreaction to reports that he might be subjected to financial exploitation. This, said the judge, amounted to punishing the victim for the acts of the perpetrators.’

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UK Human Rights Blog, 22nd January 2015

Source: www.ukhumanrightsblog.com

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Have we lost sight of J.S. Mill’s concept of the right to liberty? Article 5 in the Court of Protection – UK Human Rights Blog

‘Mostyn J has pulled no punches in rejecting an application for a declaration that an incapacitated person, being looked after in her own home, has been deprived of her liberty contrary to Article 5. There is a very full account of the judgment on the Mental Capacity Law and Policy blog so I will keep this summary short.’

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UK Human Rights Blog, 21st November 2014

Source: www.ukhumanrightsblog.com

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Rochdale Metropolitan Borough Council v KW and others – WLR Daily

Rochdale Metropolitan Borough Council v KW and others: [2014] EWCOP 45; [2014] WLR (D) 493

‘Article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms was not engaged where a person, often elderly, who was both physically and mentally disabled to a severe extent, was being looked after in her own home and where the arrangements had been made and paid for by a local authority rather than by the person’s own, or family, funds.’

WLR Daily, 18th November 2014

Source: www.iclr.co.uk

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In re X and others (Court of Protection Guidance: Deprivation of Liberty Cases) (No 2)- WLR Daily

In re X and others (Court of Protection Guidance: Deprivation of Liberty Cases) (No 2) [2014] EWCOP 37; [2014] WLR (D) 434

‘Further guidance on the approach to a “streamlined” process to deal with all deprivation of liberty (“DoL”) cases in a timely but just and fair way which was compliant with article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 16th October 2014

Source: www.iclr.co.uk

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Care home restraint seven times level previously thought – Daily Telegraph

‘At least seven times as many elderly and disabled people are being routinely restrained or locked up in care homes and hospitals as previously thought, new Government figures suggest. Councils have faced a surge in applications for legal clearance to deprive patients of their liberty following a landmark Supreme Court ruling earlier this year upholding the right of those deemed to lack mental capacity to the same basic freedoms as everyone else.’

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Daily Telegraph, 2nd October 2014

Source: www.telegraph.co.uk

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Claimants apply to Court of Appeal over approach to deprivation of liberty cases – Local Government Lawyer

‘An application has been made to the Court of Appeal for leave to appeal two key parts of a ruling by the President of the Court of Protection that was intended to streamline the handling of deprivation of liberty cases after the Cheshire West judgment.’

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Local Government Lawyer, 30th September 2014

Source: www.localgovernmentlawyer.co.uk

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Court of Protection judge slams council for depriving autistic woman of her liberty – Local Government Lawyer

‘A judge has accused a county council of “a systemic failure” in a strongly-worded ruling in which he found the authority to have wrongfully deprived a 19-year-old autistic woman of her liberty and breached her human rights.’

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Local Government Lawyer, 24th September 2014

Source: www.localgovernmentlawyer.co.uk

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