Special Edition 31st March
 

Deprivation of liberty
Cheshire West Update -
new links

New Courses added

The Department of Health

Guidance  issued on the 28th March to health and social care organisations

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Hempsons
 

The law firm that advises many health and social services organisations have issued a Newsletter which is primarily aimed at their clients:
 

If you haven’t changed your approach to Deprivation of Liberty since last week – now is the time!

Last week the Supreme Court (SC) decision, usually referred to as Cheshire West set out a fresh approach to determining whether individuals are deprived of liberty . It is essential that, if you are responsible for the care of any person (P) who would not be allowed to leave your care, you review P’s position with regard to deprivation of liberty. It is unlawful for P to be deprived of liberty without proper authorisation being in place.

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Alex Ruck Keene - Mental Capacity Law and Policy

The reach of the Mental Capacity Act 2005 is immense – any of us at any time could find ourselves incapable of taking decisions about our health, our welfare, or our finances.    But the balance it seeks to strike between protection and autonomy is precarious.   The profound ‘hinterland’ of the Act – its philosophical, ethical and moral challenges – are all too often overlooked by those seeking to apply it in the courts or on the ground in clinical or social work practice. 

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Deprivation of liberty – practical guidance

Alex Ruck Keene and his fellow Mental Capacity Law Newsletter editors, have put together guidance on the implications of the Cheshire West judgment.  

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Odonnells
 

The solicitors that represented one of the parties in the Supreme Court

The Supreme Court today ruled unanimously that P, a profoundly disabled man, was deprived of his liberty by virtue of the complete control exercised over his life by those looking after him.

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Simon Burrows

What is deprivation of liberty? The Supreme Court speaks.

Simon Burrows was instructed by O’Donnells, Preston on behalf of the Official Solicitor for P in the Cheshire West case from first instance to the Supreme Court. He was led by Richard Gordon, Q.C. in the Court of Appeal and the Supreme Court, and was co-junior with Amy Street in the Supreme Court.

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A GILDED CAGE IS STILL A CAGE

Written by Ian Wise QC and Martha Spurrier were counsel for Mind and the National Autistic Society and Paul Bowen QC was counsel for the Equality and Human Rights Commission of Doughty Street Chambers.
  
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Lucy Series Blog

This wonderful blog is written by Lucy Series, a research associate at Cardiff Law School, who is extraordinary in her ability to ferret out information about cases and developments more generally in the mental capacity field, and always brings a real degree of insight and humanity to her posts.

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Video

This video features Jenni Richards QC, Fenella Morris QC, Nicola Greaney and Ben Tankel  discussing the implications of the judgement in P v Cheshire West and P and Q v Surrey County Council.

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In our pervious Newsletter please note the articles on:

Supreme Court rules on what is a deprivation of liberty

House of Lords Report on MCA - Thousands may be unlawfully deprived of liberty

CQC make inspection of deprivation of liberty a priority

Professionals at risk from disciplinary bodies of they do not follow procedures prescribed by law

Very useful links