A reminder of why DoLS matters

In this post I’m going to talk about one of my recent cases which I think highlights why the whole DoLS process is important. I think it’s very easy when systems are overworked, and when it is acknowledged that the current process is far from ideal, to start to see DoLS as an inconvenience andContinue reading “A reminder of why DoLS matters”

I’ve been notified about s21A proceedings, what do I do?

This is a question I get asked a lot, so I will try to talk you through the process as well as I can, both for professionals and family members. If you don’t know what s21A proceedings are, don’t worry, not many people do. They are very specialised proceedings in the Court of Protection broughtContinue reading “I’ve been notified about s21A proceedings, what do I do?”

Here’s the thing with DoLS… Reflections on the LGO’s recommendations to Kent County Council

I, like many of you, have been following the latest chapter in the DoLS saga with interest. I am referring, of course, to the Local Government Ombudsman’s report regarding Kent County Council’s delays in processing standard authorisations and Kent County Council’s, frankly very honest, response to those Ombudsman’s recommendations. The circumstances reported to the OmbudsmanContinue reading “Here’s the thing with DoLS… Reflections on the LGO’s recommendations to Kent County Council”

The DoLS eligiblity test: possible routes out of the mire

I am talking here specifically about the eligibility assessment for the purposes of granting a standard authorisation under the deprivation of liberty safeguards (commonly referred to as the DoLS scheme). In case you aren’t familiar with the DoLS scheme, I’ll give a brief overview. It is the mechanism by which deprivation of an individual’s libertyContinue reading “The DoLS eligiblity test: possible routes out of the mire”

DP v Hillingdon and the issue that may or may not be

If you practice in this area of law, or work with people who do, you’ll have heard of this case, because it has set a lot of hares running in a number of cases. If you don’t, then you might not have given this case much thought unless your local authority legal team sends bulletinsContinue reading “DP v Hillingdon and the issue that may or may not be”

The dangers of capacity assessment shopping

I’d like to talk about what happens when you’ve got a capacity assessment that doesn’t match up with the frontline professionals’ views. This has come up for me, most recently, in the context of the Deprivation of Liberty Safeguards but it can come up in other contexts too. I’d also like to reflect on whatContinue reading “The dangers of capacity assessment shopping”

Visiting in care homes

This continues to be a hot topic, understandably. And pressure seems to be mounting, with an overdue policy shift towards enabling visits beginning to develop. And rightly so. A ban for a few weeks was one thing, but it’s been months now, and there is no real end in sight. So this post will talkContinue reading “Visiting in care homes”

Human rights and the Coronavirus Act 2020

If you haven’t seen it yet, the Joint Committee on Human Rights has published a report exploring the human rights implications of the Coronavirus Act 2020 and its available here. It makes for interesting reading, and if you are the kind of nerd I am, then I do encourage you to read it. If not,Continue reading “Human rights and the Coronavirus Act 2020”

Revised MCA covid-19 guidance published

Last week, the government published its updated guidance on application on the Mental Capacity Act 2005 and Deprivation of Liberty Safeguards during the pandemic. I read this over the weekend (no, I don’t have anything better to do!). If you haven’t seen it yet, it’s here. It doesn’t look to me like a huge amountContinue reading “Revised MCA covid-19 guidance published”

A day in the life of: lawyer in lockdown

Like many organisations, we are still working from home as much as possible. Our legal team have been told that we should expect to be one of the last to return to the office because we are doing ‘so well’ from home. Now I would dispute that analysis, given how fragmented the team has become,Continue reading “A day in the life of: lawyer in lockdown”