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deprivation of liberty


Since the Supreme Court judgment in Cheshire West in March 2014, deprivation of liberty has been one of the most challenging issues for providers and commissioners of health and social care.

Working across health and social care, and for NHS bodies, local authorities and independent health, we specialise in Court of Protection work which involves the Deprivation of Liberty Safeguards and deprivation of liberty in a community setting. We are regarded as the country’s leading practice on deprivation of liberty.

Our expertise runs from reviewing policies and procedures, dealing with individual cases / disputes in the Court of Protection, and with the potential liabilities / compensation claims arising.

We are recognised as a leading national provider of training on mental capacity and deprivation of liberty, including the statutory Best Interests Assessor refresher training, as well as providing case studies and other resources in person, and online.

We manage and limit your liabilities for unlawful deprivation of liberty, and to ensure that authorisation is obtained, quickly and cost effectively for care packages in the community through our fixed fee process for Court of Protection applications.

what we do...

  • Our expertise - from review of policies and procedures, to dealing with individual cases / disputes in the Court of Protection, and with the potential liabilities / compensation claims arising.

  • Leading national provider of training - on mental capacity and deprivation of liberty, including the statutory Best Interests Assessor refresher training, as well as providing case studies and other resources in person, and online.

  • Guidance and support - through our regional forums for MCA / DOL leads in our offices around the country and delivery of regular case law update webinars, free of charge, viewed by thousands of health and social care professionals.

  • Strategic advisors - working with the Law Commission on development of their proposals for reform or the law.

  • NHS Resolution panel members - we work with NHS Resolution and insurers across health and social care on a strategic response to claims for unlawful deprivation of liberty.

  • Fixed fee products - we offer a fixed fee MCA / DOL audit of policies, implementation and training across all health and social care organisations in a geographical area to ensure consistency. We also provide a fixed fee process for Court of Protection applications.

focus on...

Legal updates

The Liberty Protection Safeguards – huge new responsibility and cost for hospitals, CCGs and care homes

Deprivation of liberty and the application of Deprivation of Liberty Safeguards (DoLS) has been a huge challenge for the health and care sector, especially since the Cheshire West Supreme Court judgment in 2014 (after which DoLS referrals increased from 13,000 to 200,000+ pa, with no increase in resources).

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Mental capacity and deprivation of liberty case law update - September 2018

In this video Ben Troke looks at some of the most recent leading cases in relation to the Mental Capacity Act and Deprivation of Liberty, including in particular the Supreme Court’s landmark decision on the involvement of the courts in end of life treatment decisions in 'Re Y.'

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Legal updates

Withdrawing life support – when is the court required?

Albeit in very sad individual circumstances, today’s judgment by the Supreme Court on An NHS Trust v Y [2018] UKSC 46 is hopefully one of the rare occasions when courts have an opportunity to bring relief for professionals and families alike.

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Legal updates

The death of DoLS – the 'Liberty Protection Safeguards' are before Parliament now

Defying the cynicism of some who doubted there would be parliamentary time or appetite for any reform to the Deprivation of Liberty Safeguards (DoLS) legislation just now, however much needed or overdue, the government introduced on Tuesday 3 July, and published on Wednesday 4 July, a draft Bill – the Mental Capacity (Amendment) Bill

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