‘New data published by the Ministry of Justice has revealed that 1,280 children were subject to applications to deprive them of their liberty in 2024 in England and Wales, down from 1,368 in 2023.’
Local Government Lawyer, 28th March 2025
Source: www.localgovernmentlawyer.co.uk
‘West Sussex County Council v AB & Anor [2025] EWCA Civ 132, concerned a very challenging situation. It concerned a 17 year old woman with complex needs.’
Mental Capacity Law and Policy, 20th February 2025
‘The Vice President of the Court of Protection has allowed an appeal against final declarations regarding the residence and care of a vulnerable man, observing an “evidential divide” on capacity between the clinicians and social workers.’
Local Government Lawyer, 14th February 2025
Source: www.localgovernmentlawyer.co.uk
‘Another in the Lieven J-inspired line of challenges to Cheshire West can be found in Re V (Profound Disabilities) [2025] EWHC 200 (Fam), concerning a 15 year old boy with “profound enduring disabilities”.’
Mental Capacity Law and Policy, 10th February 2025
‘The Court of Appeal has allowed an appeal over whether a local authority can authorise the deprivation of liberty of a 14-year-old boy in exercise of its parental responsibility under a care order.’
Local Government Lawyer, 6th February 2025
Source: www.localgovernmentlawyer.co.uk
‘A judge has refused an application by a local authority for a declaration from the High Court that it is lawful and in the best interests of a 15-year-old boy with “profound enduring disabilities”, who is the subject of a care order, to be deprived of his liberty.’
Local Government Lawyer, 4th February 2025
Source: www.localgovernmentlawyer.co.uk
‘The President of the Family Division has set out public-facing Practice Guidance (January 2025) for cases transitioning from the National DOL List (“NDL”) to the Court of Protection. The Practice Guidance is based on the internal guidance used by judiciary and court staff with respect to such cases, which was referred to in the October 2023 NDL national listing protocol guidance.’
Mental Capacity Law and Policy, 13th January 2025
‘The Joint Committee on Human Rights is undertaking scrutiny of the Mental Health Bill to assess its compatibility with international and domestic human rights standards. The Committee has a call for evidence closing on 24 January 2025.’
Mental Capacity Law and Policy, 12th January 2025
‘A High Court judge has rejected a local authority’s application for a declaration from the court that because a vulnerable young person was detainable under the provisions of the Mental Health Act 1983, the court did not have jurisdiction to grant a Deprivation of Liberty (DoL) order pursuant to the inherent jurisdiction.’
Local Government Lawyer, 25th November 2024
Source: www.localgovernmentlawyer.co.uk
‘Ten years on from Cheshire West [2014] UKSC 19 (covered on this blog at the time), the seminal decision on deprivation of liberty by the Supreme Court, the Family Court faces an ever-increasing number of applications for deprivation of liberty orders for children. Two recent decisions from Mrs Justice Lieven, Peterborough City Council v SM [2024] EWHC 493 (Fam) and Re J [2024] EWHC 1690 (Fam), could curb this trend. But while these decisions emanate from the Family Court, their reasoning may be of broader interest and could prompt wider questions about Article 5 ECHR and what constitutes a deprivation of liberty.’
UK Human Rights Blog, 22nd November 2024
Source: ukhumanrightsblog.com
‘Mental Capacity Report – November 2024’
39 Essex Chambers, 1st November 2024
Source: www.39essex.com
‘In its most recent State of Care Report, the CQC has a lengthy and detailed ‘area of concern’ section on DoLS, the key findings being as follows:
– Too many people are waiting too long for a Deprivation of Liberty Safeguards (DoLS) authorisation, despite multiple examples of local authorities trying their best to reduce backlogs and ensure sustainable improvement.
– We remain worried about the rights of people at the heart of the DoLS system. We continue to see people in vulnerable circumstances without legal protection, which not only affects them but also their families, carers, staff and local authorities.
– The system has needed reform for over 10 years. Unless there is substantial intervention, we are concerned that these challenges will continue.’
Mental Capacity Law and Policy, 31st October 2024
‘Kristine Lidgerwood aims to provoke thought and encourage thorough system checks based on recent experiences that have raised serious concerns.’
Local Government Lawyer, 23rd October 2024
Source: www.localgovernmentlawyer.co.uk
‘In the Health, Welfare and Deprivation of Liberty Report: what to do where there is no reliable evidence of P’s wishes and feelings.’
39 Essex Chambers, 1st October 2024
Source: www.39essex.com
‘In the Practice and Procedure Report: the perfect as the enemy of the good, and what to do when the situation changes.’
39 Essex Chambers , 1st October 2024
Source: www.39essex.com
‘In the Mental Health Matters Report: the human rights consequences of outsourcing in the mental health context.’
39 Essex Chambers , 1st October 2024
Source: www.39essex.com
‘In the Property and Affairs Report: gifts, attorneys and deputies.’
39 Essex Chambers, 1st October 2024
Source: www.39essex.com
‘The woman behind the complaint, Ms Y, complained that professionals failed to understand her mother’s personality and wrongly determined she lacked capacity.’
Local Government Lawyer, 7th October 2024
Source: www.localgovernmentlawyer.co.uk
‘The average time for public law care or supervision cases to reach first disposal was 41 weeks in April to June 2024, down 3 weeks from the same quarter in 2023, according to the latest data published by the Ministry of Justice (MoJ).’
Local Government Lawyer, 27th September 2024
Source: www.localgovernmentlawyer.co.uk
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