header-logo header-logo

10 October 2014 / Tim Spencer-Lane
Issue: 7625 / Categories: Opinion , Mental health
printer mail-detail

Mental capacity & detention

cover_5

Tim Spencer-Lane provides an overview of the Law Commission’s review of the deprivation of liberty safeguards

In July 2014 the Law Commission published its 12th programme of law reform. Included in the programme is a project to review the law governing the detention and treatment of people who lack mental capacity.

Originally, the review was limited to considering how detentions should be authorised in community settings, while learning lessons for the Deprivation of Liberty Safeguards (DoLS) under the Mental Capacity Act 2005 (MCA 2005). However, in response to recent developments and following consultation with stakeholders and the Law Commission, the Department of Health has asked us to extend the scope of this work to include considering the legislation underpinning the DoLS in its entirety (in addition to community settings).

A chequered history

  • The DoLS were introduced into MCA 2005 by the Mental Health Act 2007. Essentially they ensure a professional assessment takes place of whether the person lacks capacity to make decisions about their care and treatment and whether it is in their
If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

From childhood dreams of the Bar to some of the country's most challenging cases, Maryam Syed KC explains why she has never stopped standing up for others

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft significantly expands Cyber team, hiring three Cyber partners

Browne Jacobson—Professor Clive Kay

Browne Jacobson—Professor Clive Kay

Browne Jacobson appoints senior healthcare leader Professor Clive Kay as strategic adviser

NEWS
As family justice moves further away from the courtroom, collaborative law is emerging as an increasingly important route to resolving separation disputes
A busy period for employment law is producing important lessons for employers, employees and tribunals alike
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
back-to-top-scroll