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Mental capacity and deprivation of liberty: the Law Commission’s review of the deprivation of liberty safeguards
- Author:
- SPENCER-LANE Tim
- Journal article citation:
- Journal of Adult Protection, 19(4), 2017, pp.220-227.
- Publisher:
- Emerald
Purpose: The purpose of this paper is to provide a brief overview of the Law Commission’s final report and recommendations on the reform of the deprivation of liberty safeguards under the Mental Capacity Act. Design/methodology/approach: Summary Findings: The proposals contained in the Law Commision Review and proposals for law reform are outlined. (Publisher abstract)
Mental capacity and deprivation of liberty: the Law Commission’s consultation paper
- Author:
- SPENCER-LANE Tim
- Journal article citation:
- Journal of Adult Protection, 17(5), 2015, pp.331-334.
- Publisher:
- Emerald
This paper introduces the consultation being held by the Law Commission concerning proposed revisions to the Deprivation of Liberty Safeguards (DoLS). There has been criticism of the DoLS since their introduction in 2009. A new scheme provides the opportunity to respond to some of the criticisms and to develop more appropriate processes. It suggests that a new scheme should be called 'protective care', which would apply to hospital, care home, supported living, shared lives and domestic accommodation. Safeguards of 'supportive care' would be provided to people who lack capacity and are living in care homes, supported living and shared lives accommodation. Additional safeguards, called 'restrictive care and treatment' would apply if a person in these settings required more restrictive forms of care or treatment. A separate scheme would apply to hospital settings and palliative care. The paper invites readers to take part in the consultation process and to respond to the proposals that have been developed. It suggests a new and more appropriate scheme would be beneficial for service users and families/caregivers. (Edited publisher abstract)
Modernising the regulation of health and social care professionals: the Law Commissions’ final report and draft Bill
- Author:
- SPENCER-LANE Tim
- Journal article citation:
- Journal of Adult Protection, 16(6), 2014, pp.411-420.
- Publisher:
- Emerald
This paper summarises the key recommendations of the Law Commissions’ final report and draft Bill on the regulation of health and social care professionals that are relevant to adult safeguarding. The final report concludes that new legislation is needed to govern the UK regulators of health and social care professionals. (Edited publisher abstract)
Safeguarding the public by regulating health and social care professionals: lessons from Mid-Staffordshire and the Law Commission review
- Author:
- SPENCER-LANE Tim
- Journal article citation:
- Journal of Adult Protection, 16(1), 2014, pp.52-59.
- Publisher:
- Emerald
Purpose: The purpose of this paper is to consider the final report of the Mid Staffordshire NHS Foundation Trust Public Inquiry and the Law Commissions’ review of health and social care professional regulation – and how these will impact on the professional regulation bodies. Design/methodology/approach: Summary and discussion of the relevant recommendations made by the Mid Staffordshire NHS Foundation Trust Public Inquiry and the initial Government response, and consultation responses to the Law Commissions’ provisional proposals for law reform of health and social care professional regulation. Findings: Future legislation is likely to be based on the recommendations of the Mid Staffordshire NHS Foundation Trust Public Inquiry and the Law Commissions. Originality/value: Overview of the Mid Staffordshire NHS Foundation Trust Public Inquiry and the initial Government response, and consultation responses to the Law Commissions. (Publisher abstract)
The Law Commission's final recommendations for a new adult social care statute
- Author:
- SPENCER-LANE Tim
- Journal article citation:
- Social Care and Neurodisability, 2(4), 2011, pp.226-233.
- Publisher:
- Emerald
This article provides a summary of the Law Commission's recommendations for the reform of adult social care, including the community care assessment process, service provision, and the recommendations for a new legal framework for adult safeguarding in England and Wales. It discusses each of the Law Commission's recommendations for adult social care and contrasts them with the proposals put forward at the consultation phase of the review. The article suggests that a single legal framework for adult social care, including adult safeguarding, will have substantial benefits in terms of legal clarity, consistency, and efficiency. A single legal framework is important for older and disabled people, and their carers, in order to understand their entitlements, and for local authorities and partnership agencies in order to understand their legal responsibilities.
Reforming the legal framework for adult safeguarding: the Law Commission's final recommendations on adult social care
- Author:
- SPENCER-LANE Tim
- Journal article citation:
- Journal of Adult Protection, 13(5), 2011, pp.275-284.
- Publisher:
- Emerald
The Law Commissions review of adult social care law was announced in 2008, followed by the publication of a scoping report, a consultation paper, and a consultation analysis. This paper outlines the Law Commission's final recommendations for the reform of adult social care, with a particular emphasis on the recommendations for a new legal framework for adult safeguarding in England and Wales. The paper examines each of the Law Commission's recommendations for adult safeguarding and contrasts them with the proposals put forward at the consultation phase of the review. It argues that a single legal framework for adult social care, including adult safeguarding, with have substantial benefits in terms of legal clarity, consistency and efficiency. In conclusion, the author suggests that a clear and single legal framework is important for older and disabled people in order to fully understand their entitlements, and for local authorities and partnership agencies to understand their responsibilities.
A statutory framework for safeguarding adults? The Law Commission’s consultation paper on adult social care
- Author:
- SPENCER-LANE Tim
- Journal article citation:
- Journal of Adult Protection, 12(1), February 2010, pp.43-49.
- Publisher:
- Emerald
In June 2008 the Law Commission published its Tenth Programme of Law Reform, which includes a project to review adult social care law in England and Wales. The consultation paper was published in February 2010 and will be followed by a four month public consultation. This article sets out the main proposals for adult protection. It is argued that a future adult social care statute should clarify the existing legal position by placing a duty on local social services authorities to make enquiries and take appropriate action in adult protection cases. The definition of an adult at risk for the purposes of the duty to investigate is also considered and a proposal is made for how this might be defined in the statute. It is also suggested that the compulsory removal power under section 47 of the National Assistance Act 1948 should be repealed, that adult safeguarding boards should be placed on a statutory footing and that duties to cooperate in adult protection should be introduced. Concerns are raised that the current lack of statutory provision for adult protection may mean that there is confusion over the precise legal status of the guidance No secrets and In Safe Hands and what actions this can authorise.