0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

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 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

View

Legal updates

Mental Health Act interim report – a sign of things to come?

The Mental Health Act is now 35 years old. In that time we have seen a great change relating to the understanding, focus and implementation of mental health provision.

View

Independent review of the Mental Health Act: interim report summary webinar - May 2018

In this webinar Rebecca Fitzpatrick looked at the recently published interim report of the ongoing independent review of the Mental Health Act chaired by Sir Simon Wessely, former president of the Royal College of Psychiatrists

View

Mental Capacity and Deprivation of Liberty case law update webinar - May 2018

Ben Troke looks at covert medication, Deprivation of Liberty (DoL) in hospitals, parents' rights, DoL in the community, the new CHC framework, a brief update on the Law Commission proposals, as well as some discussion around recent headlines.

View

what the directories say...

recent experience

related opinions