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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...

Mental health, capacity and deprivation of liberty case law update - February 2019

In this video, Rebecca Fitzpatrick looks at some of the most leading cases in relation to the Mental Health Act and Deprivation of Liberty, including the Supreme Court’s important decisions of 'MM' and 'PJ' which consider the interaction between the Mental Health Act and deprivation of liberty in the community.

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Legal updates

Health newsletter - January 2019

Welcome to the latest edition of our health newsletter, in which we bring you a round-up of the latest regulations and news affecting your sector.

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Upcoming webinars

Mental health capacity and deprivation of liberty case law update

Rebecca Fitzpatrick will look at some of the most recent leading cases in relation to the Mental Health Act and Deprivation of Liberty.

View

Legal updates

Mental Health Act – a new age?

Those with a keen eye on mental health law will have seen that Sir Simon Wessely’s full report on the Mental Health Act was published on 6 December 2018.

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