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

Hugh James—Jonathan Askin

Hugh James—Jonathan Askin

London corporate and commercial team announces partner appointment

Michelman Robinson—Daniel Burbeary

Michelman Robinson—Daniel Burbeary

Firm names partner as London office managing partner

Kingsley Napley—Jonathan Grimes

Kingsley Napley—Jonathan Grimes

Firm appoints new head of criminal litigation team

NEWS
Personal injury lawyers have welcomed a government U-turn on a ‘substantial prejudice’ defence that risked enabling defendants in child sexual abuse civil cases to have proceedings against them dropped
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
Digital loot may feel like property, but civil law is not always convinced. In NLJ this week, Paul Schwartfeger of 36 Stone and Nadia Latti of CMS examine fraud involving platform-controlled digital assets, from ‘account takeover and asset stripping’ to ‘value laundering’
back-to-top-scroll