header-logo header-logo

31 July 2014
Issue: 7617 / Categories: Legal News
printer mail-detail

DOLS in the doldrums

The rights against deprivation of liberty of people who lack mental capacity and are in supported living are to be reviewed by the Law Commission.

People in hospitals and care homes have the protection of the Deprivation of Liberty Safeguards (DOLS), which allow them to be deprived of their liberty if it is in their best interests. However, DOLS do not apply to those in supported living.

The Commission will review this discrepancy, create a new legal framework and provide the government with information to improve DOLS.

DOLS have come under fire from several quarters, including a House of Lords Select Committee in March, which found the safeguards “not fit for purpose”.

Liverpool solicitor Peter Edwards said: “I do not believe DOLS are an effective protection.

“They could be, if worked on, and it’s a relief that the Law Commission is looking at both areas [DOLS and the need for protection for those in supported living].”

The meaning of “deprivation of liberty” for those who lack mental capacity was broadened by Baroness Hale in the Supreme Court case of Cheshire West [2014] UKSC 19.

Edwards said that procedures to deprive people of their liberty were set out by DOLS, but that an appeal would take about a year and cost £30,000-£50,000. For people in supported living, permission needs to be sought from the Court of Protection before they can be deprived of liberty—a cumbersome process.

“What we need is a clear procedure with lots of safeguards where an individual can appeal through a cheap, accessible tribunal mechanism,” he said.

Issue: 7617 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
back-to-top-scroll