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Interim declarations in the Court of Protection: a new approach

Shiva Krishnan and Hannah Taylor examine a judge's new formulation for interim declarations on capacity in the Court of Protection. Read more
SPOTLIGHT
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What now for deprivations of liberty?

What will the effect of the postponement of the Liberty Protections Safeguards be on local authorities? Local Government Lawyer asked 50 adult social care lawyers for their views on the potential consequences.

  NEWS

  FEATURES AND ANALYSIS

March 26, 2024

Lieven J puts the (Cheshire West) cat amongst the pigeons

A High Court judge recently refused a local authority’s application for a deprivation of liberty (DoL) order in respect of a 12-year-old girl with “profound and enduring” disabilities. Alex Ruck Keene KC (Hon) analyses the ruling.
March 26, 2024

Overseas travel for adults lacking capacity

What is in the best interests of a person with learning disabilities and lacking mental capacity when planning foreign travel? Gemma Eason and Emma Bergin analyse a recent Court of Appeal ruling.
February 22, 2024

Triangulation and flexibility

Alex Ruck Keene KC (Hon) reports on a recent case that showed how demanding taking capacity seriously is – and should be.

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Jan 18, 2024

Carry out enhanced DBS checks for all councillors considered for appointment to committees with education or social services functions, minister tells unitary and upper tier councils

Local Government Minister Simon Hoare has written to the leaders of unitary and upper tier authorities in England calling on them to adopt as best practice enhanced criminal record checks provided by the Disclosure and Barring Service for all councillors being considered for appointment to any committee which discharges education or social services functions.
Jan 05, 2024

Court of Protection may only authorise package of care depriving individual of liberty if satisfied medical evidence confirms person has unsoundness of mind, judge rules

A Court of Protection judge has directed Stockport Metropolitan Borough Council to commission and instruct a registered medical doctor, either a psychiatrist or a registered GP, to review a woman’s case and provide a report dealing with her diagnosis, in order for the court to authorise a package of care which deprives her of her liberty.

  MORE FEATURES

January 19, 2024

Capacity in context – a paradigm case

Alex Ruck Keene KC (Hon) analyses a recent ruling where the judge’s observations about capacity, and in particular how to approach questions of capacity under constraint, are of broader application.
December 19, 2023

Mental health reform in Wales

Is Wales striking out alone on mental health reform? Alex Ruck Keene KC (Hon) looks at recent developments.
December 13, 2023

Capacity and ending a tenancy

If someone lacks mental capacity, there can be difficulties when it comes to the management of a tenancy, writes Amy Tagoe.
November 29, 2023

All change for commissioning health and social care

Now that the Procurement Act 2023 has received royal assent and the Health Care Services (Provider Selection Regime) Regulations 2023 have been laid before parliament, Emma Watt, Steven Brunning and Amy Callahan-Page summarise the key changes affecting how adult social care services and health services will be commissioned and procured.
November 27, 2023

The Care Act 2014 and appeal mechanisms

Must there be an appeal mechanism against local authority decisions under the Care Act 2014? Leon Glenister reports on a recent ruling.
October 31, 2023

Capacity, sexual relations and disclosure

Brett Davies examines a Court of Protection case that considered whether a 34-year-old man lacked capacity to make decisions about engagement in sexual relations, about disclosing information about the risk of sexual harm he poses to others, and about allowing the local authority to disclose information about the risk of sexual harm he poses to others.