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The death of deprivation of liberty safeguards (DOLS)?

The death of deprivation of liberty safeguards (DOLS)? Purpose – This paper aims to review the recent Court of Protection case law on deprivation of liberty and consider whether it will help to achieve the right balance between minimising state interference with individuals and families, and protection of the most vulnerable, or risk undermining the core purpose of the system. Design/methodology/approach – The paper reviews the underlying rationale of the Deprivation of Liberty Safeguards (DOLS), the implications of the recent key Court of Appeal judgment in P v. Cheshire West and Chester . Findings – There are significant potential adverse effects from the judgment in Cheshire , and the way in which it has been interpreted to date, including a risk of undermining the very purpose of DOLS, and a risk of discriminatory effect. Originality/value – The paper provides a detailed analysis of Cheshire from the perspective of a Court of Protection practitioner, and advice on a practical approach to dealing with the concerns it raises. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Social Care and Neurodisability Emerald Publishing

The death of deprivation of liberty safeguards (DOLS)?

Social Care and Neurodisability , Volume 3 (2): 8 – May 11, 2012

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Publisher
Emerald Publishing
Copyright
Copyright © 2012 Emerald Group Publishing Limited. All rights reserved.
ISSN
2042-0919
DOI
10.1108/20420911211240902
Publisher site
See Article on Publisher Site

Abstract

Purpose – This paper aims to review the recent Court of Protection case law on deprivation of liberty and consider whether it will help to achieve the right balance between minimising state interference with individuals and families, and protection of the most vulnerable, or risk undermining the core purpose of the system. Design/methodology/approach – The paper reviews the underlying rationale of the Deprivation of Liberty Safeguards (DOLS), the implications of the recent key Court of Appeal judgment in P v. Cheshire West and Chester . Findings – There are significant potential adverse effects from the judgment in Cheshire , and the way in which it has been interpreted to date, including a risk of undermining the very purpose of DOLS, and a risk of discriminatory effect. Originality/value – The paper provides a detailed analysis of Cheshire from the perspective of a Court of Protection practitioner, and advice on a practical approach to dealing with the concerns it raises.

Journal

Social Care and NeurodisabilityEmerald Publishing

Published: May 11, 2012

Keywords: Deprivation of liberty safeguards; Mental Capacity Act; United Kingdom; Safeguarding; Freedom; Law courts

References