Spotlight
Family Court Practice, The
Order the 2021 edition due out in May
Court of Protection Practice 2021
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
Queer(y)ing consummation: an empirical reflection on the Marriage (Same Sex Couples) Act 2013 and the role of consummation
Alexander Maine, Lecturer in Law, Leicester Law School, University of LeicesterKeywords: Consummation – adultery – marriage – empirical research – LGBTQConsummation and...
A v A (Return Without Taking Parent) [2021] EWHC 1439 (Fam)
(Family Division, MacDonald J, 18 May 2021)Abduction – Application for return order under Hague Convention 1980 - Art 13(b) defence – Whether mother’s allegations against the father...
Domestic Abuse Toolkit for Employers
The Insurance Charities have released an update to the Domestic Abuse Toolkit for Employers.Employers have a duty of care and a legal responsibility to provide a safe and effective work...
Two-week rapid consultation launched on remote, hybrid and in-person family hearings
The President of the Family Division, Sir Andrew McFarlane, has announced the launch of a two-week rapid consultation on remote, hybrid and in-person hearings in the family justice system and the...
Pension sharing orders: Finch v Baker
The Court of Appeal judgment in Finch v Baker [2021] EWCA Civ 72 was released on 28 January 2021. The judgment provides some useful guidance on not being able to get what are essentially...
View all articles
Authors

Streamlining: judicial authorisation of deprivation of liberty (£)

Sep 29, 2018, 19:56 PM
family law, deprivation of liberty, DOLS, mental capacity, court of protection, supreme court
When the Supreme Court handed down its judgment in P v Cheshire West and Chester Council and Another; P and Q v Surrey County Council [2014] UKSC 19, ​[2014] COPLR 313 it was generally considered that the decision firstly extended Art 5 provisions cardinal to protecting rights of liberty and security to those who lack capacity receiving care and support from the state and secondly widened the interpretation of what a deprivation of liberty means.
Slug : streamlining-judicial-authorisation-of-deprivation-of-liberty
Meta Title : Streamlining: judicial authorisation of deprivation of liberty (£)
Meta Keywords : family law, deprivation of liberty, DOLS, mental capacity, court of protection, supreme court
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Sep 30, 2014, 03:50 AM
Article ID : 107173
Family Law

When the Supreme Court handed down its judgment in P v Cheshire West and Chester Council and Another; P and Q v Surrey County Council  [2014] UKSC 19,  [2014] COPLR 313 it was generally considered that the decision firstly extended Art 5 provisions cardinal to protecting rights of liberty and security to those who lack capacity receiving care and support from the state and secondly widened the interpretation of what a deprivation of liberty means. The effect has been to increase enormously the numbers of people lacking capacity (P) who require their arrangements to be authorised where they amount to a deprivation of liberty. Consequently, concerns were raised on the practical and procedural implications for the Court of Protection of the increase in the applications to an already overloaded Court.

It is too early to predict precise numbers but the range of services requiring authorisation now includes domicilary care at one end of the scale to high level secure care at the other. Further because of the broader interpretation of deprivation of liberty brought about by the Supreme Court, placements in hospitals and care homes which previously did not attract protection, now do so. Providers, particularly local authorities who would have used the Sch A1 administrative procedure previously, find themselves unable resource the increased number of applications immediately and instead seek authorisation from the court.


The full version of this article appears in the October 2014 issue of Family Law.

For details on how you can subscribe to Family Law or for any offers, please contact a member of our sales team: Tel 0117 918 1555, or email: sales.manager@jordanpublishing.co.uk
Categories :
  • Articles
Tags :
Family_Law
Authors
Provider :
Product Bucket :
Recommend These Products
Load more comments
Comment by from