Department of Health guidance: response to the Supreme Court Judgment/Deprivation of Liberty Safeguards

Author:
GREAT BRITAIN. Department of Health
Publisher:
Great Britain. Department of Health
Publication year:
2015
Pagination:
15
Place of publication:
London

Guidance on deprivation of liberty safeguards (DoLS) as a result of the Supreme Court judgment of 19 March 2014 in the case of Cheshire West. The judgment clarified that the acid test that an individual is deprived of their liberty is that they lack the capacity to consent to their care/ treatment arrangements, are under continuous supervision and control and are not free to leave. The Supreme Court also held that a deprivation of liberty can occur in community and domestic settings where the State is responsible for imposing such arrangements. The document outlines the practical implications and provides specific guidance on: intensive care and A&E; palliative care; transporting individuals; deprivation of liberty in community settings; coroners’ inquests; Best Interest Assessors operating in Wales; approach to assessing requests for DoLS authorisations where individual’s circumstances have changed; appointment of a relevant person's representative; notification of the RPR following the death of an individual; implications of the AJ’s Court of Protection judgment; and data submissions to HSCIC. (Edited publisher abstract)

Subject terms:
Deprivation of Liberty Safeguards, community care, mental capacity, law, human rights, Supreme Court;
Content type:
practice guidance
Location(s):
England, Wales
Link:
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