Description

The Deprivation of Liberty Safeguards (DoLS) scheme is coming under increasing scrutiny, with The House of Commons recently releasing a briefing paper stating; “The Law Commission recommends that DoLS are repealed as a matter of urgency, and are replaced by a new scheme called the Liberty Protection Safeguards. This intends to streamline the process for assessing whether a deprivation of liberty is necessary, and obtaining the required authorisation. The Liberty Protection Safeguards would also authorise particular arrangements and conditions for a person’s care or treatment, rather than simply authorising a deprivation of liberty… Under the new scheme, when there is a potential deprivation of liberty, the responsible body – the NHS body or local authority – arranges three assessments: a capacity assessment, a medical assessment, and a ‘necessary and proportionate’ assessment. They must also consult with friends and family of the relevant person. Each case is verified by an “independent reviewer”, and those where the placement are contrary to the person’s wishes are referred to an Approved Mental Capacity Profession (AMCP).” House of Commons Briefing Paper, 2nd October 2017This master class will explore the DoLS as they currently stand and examine the practical implications from restrictions to deprivations and capacity assessments through to seeking authorisations. It will look at the implications of the case of Cheshire West, the House of Lords Select Committee Report Act and the Law Commission’s proposals for changes to the current DOLs regime to make the application process more streamlined and to include a focus of ECHR Article 5 and 8 rights.The masterclass will also provide an update covering the implications of the proposed Liberty Protection Safeguards.Delegates will have the opportunity to raise issues and concerns specific to their own practice.