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Category: Deprivation of Liberty Safeguards

What is a Deprivation of Liberty Assessment?

A deprivation of liberty assessment is a legal process used to determine whether a person is being deprived of their liberty in a particular setting, and whether that deprivation of liberty is lawful. The assessment is typically carried out when a person is receiving care or treatment in a hospital or other healthcare setting, a […]

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How Can Simply Social Work Assist Professional Deputies?

Deputy Standards As a professional deputy, you will be familiar with the standards set by the Office of the Public Guardian (OPG).  The standards not only provide a checklist for the OPG to support and supervise professional deputies, they also ensure that people’s best interests are served.  There are five standards: Standard 1 – Secure […]

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Care Management Service

Do you pay for your own care?  Are you an attorney or court appointed deputy responsible for managing someone else’s care or financial affairs? If a person’s care arrangements (either in a care home or care in their own home) is arranged by a local authority, the local authority would usually complete an assessment of […]

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Liberty Protection Safeguards: Duration, Renewal and Reviews

When the replacement to the Deprivation of Liberty (DoLS) scheme was being considered by the Law Commission and then Parliament, it became apparent that the intention was for the replacement scheme, Liberty Protection Safeguards to be considered at the care planning stage.  This of course was the intention of the DoLS scheme but since the […]

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Liberty Protection Safeguards: Authorisation of Arrangements

Under the current Deprivation of Liberty Safeguards (DoLS) scheme, Local Authorities acting as Supervisory Bodies can authorise a deprivation of liberty without every case going through the court process. When the Liberty Protection Safeguards are introduced in 2020, the scheme will provide a similar vehicle through which a deprivation of liberty can be authorised. There […]

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Liberty Protection safeguards: Where Are We Now?

The Mental Capacity (Amendment) Bill is now reaching its final stage as a Bill before it gains Royal Ascent and becomes an Act of Parliament. The Act will see an end to the Deprivation of Liberty Safeguards and in their place introduce the Liberty Protection Safeguards (LPS). Although it will still be some months before […]

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Mental Capacity Act (Amendment) Bill: House of Lords Committee Stage

This week saw the Mental Capacity Act (Amendment) Bill (the Bill that will introduce the Liberty Protection Safeguards) move to Committee Stage in the House of Lords and on 5th September around 5 hours of discussions were held. The discussions concerned just a few (of the many) amendments that the Lords would like to see […]

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The Retirement of the Deprivation of Liberty Safeguards

A new Bill has started its transition through Parliament on its way to becoming law.  The Mental Capacity (Amendment) Bill was introduced to the House of Lords on 3rd July 2018 and seeks to replace the Deprivation of Liberty Safeguards. There are some who thought they’d never see this day… and others who hoped they […]

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Best Interests Assessor Update Training

Did you know we provide update training for Best Interests Assessors and S.12 Doctors? It is a legal requirement for all qualified BIAs to undergo regular training that is relevant to the role.  We can provide group sessions for Local Authorities or individual places at one of our open courses that take place across Bournemouth, […]

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Hello Liberty Protection Safeguards, We’ve Been Expecting You

Yesterday (13th March 2017), the Law Commission published it’s long awaited report about the Mental Capacity Act 2005 (MCA) and Deprivation of Liberty.  It’s a biggie and if you prefer the summary, it can be found here.  The Deprivation of Liberty Safeguards (DoLS) have been fraught with criticism since their inception in 2009.  None less […]

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Deprivation of Liberty Safeguards: The Future Looks a Little Less Clear

Deprivation of Liberty Safeguards Yesterday the Law Commission published their Mental Capacity and Deprivation of Liberty Interim Statement. It follows their consultation paper published in July 2015 which set out a complete overhaul of the Deprivation of Liberty Safeguards (DoLS) and proposed a new ‘Protective Care’ scheme that was wider in scope than the current […]

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