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mental health, capacity and deprivation of liberty case law update - September 2018

19 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

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).


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.


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


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.


The opinions expressed on this video are provided for the purposes of general interest and information and should not be relied upon. They contain only summaries of aspects of the subject matter at the time of publishing and do not provide comprehensive statements of the law. They do not constitute legal advice and do not provide a substitute for it. So why not talk to us and seek advice that's tailored to you? You can look up one of our experts on this website or call on 0370 270 6000.

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