Latest articles
UK Immigration Rough Sleeper Rule
Aaron Gates-Lincoln, Immigration NewsThe UK government has recently introduced a controversial new set of rules that aim to make rough sleeping grounds for refusal or cancellation of a migrant’s...
Teaching Hospitals NHS Trust v DV (A Child) [2021] EWHC 1037 (Fam)
(Family Division, Cohen J, 19 April 2021)Medical Treatment – 17-year-old had form of bone cancer and required surgery For comprehensive, judicially approved coverage of every important...
Domestic Abuse Bill
Aaron Gates-Lincoln, Immigration NewsAfter years of development the Domestic Abuse Bill returned to the House of Lords in the UK on the 8th March 2021 to complete its report stage, one of the final...
Coercive control and children’s welfare in Re H-N and Others
When families come to strife, arrangements must be made for the future care of any children. In some circumstances, this means an application to the courts. These ‘private law orders’ can...
Profession: Expert Witness
The value of a family business or business interest is treated as an asset and therefore part of the matrimonial pot to be distributed when it comes to negotiating a financial settlement on divorce or...
View all articles
Authors

The Deprivation of Liberty Safeguards Part 7: has the UK bridged the Bournewood gap?

Sep 29, 2018, 18:22 PM
Slug : Pearce-SeptFLJ2012
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Aug 26, 2012, 00:30 AM
Article ID : 99803

Her Honour Nasreen Pearce

Retired Circuit Judge

District Judge Sue Jackson

Nominated Judge of the Court of Protection:

This is the last in the series of articles which have appeared in Family Law. Those readers who have been following the series will be familiar with the term 'The Bournewood Gap' and what it means. For those who remain unfamiliar, there had been numerous cases in which the European Court of Human Rights (ECtHR) had found that the care and treatment by public bodies of those who lack capacity amounted to deprivation of liberty in breach of Art 5 of the European Convention on Human Rights. This culminated in the decision in HL v United Kingdom (Bournewood) [2004] EHRR 761. The European Court found that the UK laws was not compliant with Article 5 and identified a number of short comings in the legislation relating to those who lacked capacity. Once the provisions of the European Convention were incorporated into English Law by the Human Rights Act 1998 it became imperative to deal with the issues raised by the ECtHR.

The amendments to the Mental Capacity Act 2005 (known as the Deprivation of Liberty Safeguards (DOLS)) were introduced to ensure that the procedure for depriving the liberty of whose who lacked capacity was Convention compliant.

This article considers whether these measures have proved adequate to cover the numerous and complex situation which may or often arise in respect of those who lack capacity and situations which are either not covered by the legislation or remain unclear.

To log on to Family Law Online or to request a free trial click here

Categories :
  • Articles
Tags :
Authors
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from