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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 Capacity Act – anticipating loss of capacity

Health lawyer, Chris Stark, provides you with an update on the recent case of United Lincolnshire Hospitals NHS Trust v CD [2019] EWCOP 24.

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Legal updates

Decision to allow termination of pregnancy overturned by Court of Appeal

P was 22 weeks pregnant and had a moderately severe learning disability and mood disorder. P’s treating NHS Trust brought an application to the Court of Protection to approve the termination of her pregnancy.

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Legal updates

DOLS are dead and LPS are here!

The Liberty Protection Safeguards legislation has now had Royal Assent (on 16 May 2019). The key questions now are when it will come into force, and how it will look in practice.

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Legal updates

Negligent medical treatment not sufficient to engage State responsibility under Article 2 ECHR

The recent judgment of R (on the application of Maguire) v Her Majesty's Senior Coroner for Blackpool and Fylde [2019] EWHC 1232 (Admin), reaffirms that individual acts of medical negligence are not sufficient to engage State responsibility under Article 2 ECHR.

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