Guidance for local authorities in the light of the Supreme Court decisions on deprivation of liberty safeguards: ADASS advice note November 2014

Association of Directors of Adult Social Services
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This is the third advice note issued by ADASS in response to the Supreme Court judgement, which held that a deprivation of liberty can occur in domestic settings where the State is responsible for imposing such arrangements and entails that it may also apply to intensive care and end of life situations. As a result the number of applications for DoLs authorisations both urgent and standard continue to rise, placing enormous pressure on council DoLs teams and on the capacity of best interests assessors. This guidance reiterates that the judgement stands as law and cannot be ignored and makes a number of recommendations to ensure councils remain compliant. It also calls on the government to introduce legislative changes such as: changes to ease timescales for authorisation requests; changes which clarify that DoLs are generally not applicable in intensive care and end of life settings; and changes which will ensure everyone has the same process and protection whether they are in a community setting or a care home or hospital. (Edited publisher abstract)

Subject terms:
mental capacity, mental health law, Deprivation of Liberty Safeguards, local authorities, home care, end of life care, Supreme Court;
Content type:
practice guidance
United Kingdom
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