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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 […]
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 […]
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 […]
If you’ve been appointed as the Relevant Person’s Representative (RPR) for a person subject to the Deprivation of Liberty Safeguards, you are required to identify whether the person wishes to, or would wish to, object to the care arrangements. This isn’t difficult if the person is making a genuine and consistent objection but can be […]
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 […]
In a Written Ministerial Statement published yesterday, Health Minister Caroline Dinenage said the government broadly agreed with the Liberty Protection Safeguards model proposed by the Law Commission in 2017 and would legislate “when parliamentary time allows”. The statement also acknowledged that the current DoLS (Deprivation of Liberty Safeguards) system should be replaced as a matter of “pressing […]
On the home page, I explain the Liberty Protection Safeguards proposals from the Law Commission and in a previous post, highlighted the very resent request from the Government, asking for written submissions to the Joint Committee on Human Right’s inquiry on the Deprivation of Liberty Safeguards. In principle, the Liberty Protection Safeguards proposals are a positive step […]
The Government is asking for written submissions to the Joint Committee on Human Right’s inquiry on the Deprivation of Liberty Safeguards. However, you only have until Friday 2nd March 2018 to submit your responses. Submissions should be no more than 1,500 words and they are particularly interested to hear evidence from interested parties on: Whether […]
Today the Government published an interim response to the Law Commission report on Mental Capacity and Deprivation of Liberty. The statement was made by Jackie Doyle-Price, Parliamentary Under-Secretary of State for Health. The Government have welcomed the report and it is now being carefully considered. Part of that consideration is to consult various stakeholders to […]
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