Mental Capacity Report – November 2024 – 39 Essex Chambers
‘Mental Capacity Report – November 2024’
39 Essex Chambers, 1st November 2024
Source: www.39essex.com
Category: deprivation of liberty safeguards
The CQC and DoLS – the need for a ‘substantial intervention’ – Mental Capacity Law and Policy
‘In its most recent State of Care Report, the CQC has a lengthy and detailed ‘area of concern’ section on DoLS, the key findings being as follows:
– Too many people are waiting too long for a Deprivation of Liberty Safeguards (DoLS) authorisation, despite multiple examples of local authorities trying their best to reduce backlogs and ensure sustainable improvement.
– We remain worried about the rights of people at the heart of the DoLS system. We continue to see people in vulnerable circumstances without legal protection, which not only affects them but also their families, carers, staff and local authorities.
– The system has needed reform for over 10 years. Unless there is substantial intervention, we are concerned that these challenges will continue.’
Mental Capacity Law and Policy, 31st October 2024
The importance of due diligence in choosing children’s residential placements – Local Government Lawyer
‘Kristine Lidgerwood aims to provoke thought and encourage thorough system checks based on recent experiences that have raised serious concerns.’
Local Government Lawyer, 23rd October 2024
Source: www.localgovernmentlawyer.co.uk
Health, Welfare and Deprivation of Liberty Report – October 2024 – 39 Essex Chambers
‘In the Health, Welfare and Deprivation of Liberty Report: what to do where there is no reliable evidence of P’s wishes and feelings.’
39 Essex Chambers, 1st October 2024
Source: www.39essex.com
Practice and Procedure Report – October 2024 – 39 Essex Chambers
‘In the Practice and Procedure Report: the perfect as the enemy of the good, and what to do when the situation changes.’
39 Essex Chambers , 1st October 2024
Source: www.39essex.com
Mental Health Matters Report – October 2024 – 39 Essex Chambers
‘In the Mental Health Matters Report: the human rights consequences of outsourcing in the mental health context.’
39 Essex Chambers , 1st October 2024
Source: www.39essex.com
Property and Affairs Report – October 2024 – 39 Essex Chambers
‘In the Property and Affairs Report: gifts, attorneys and deputies.’
39 Essex Chambers, 1st October 2024
Source: www.39essex.com
Council at fault in consideration of best interests of elderly woman, Ombudsman finds – Local Government Lawyer
‘The woman behind the complaint, Ms Y, complained that professionals failed to understand her mother’s personality and wrongly determined she lacked capacity.’
Local Government Lawyer, 7th October 2024
Source: www.localgovernmentlawyer.co.uk
Care proceedings quicker with more disposals within 26 weeks: MoJ – Local Government Lawyer
‘The average time for public law care or supervision cases to reach first disposal was 41 weeks in April to June 2024, down 3 weeks from the same quarter in 2023, according to the latest data published by the Ministry of Justice (MoJ).’
Local Government Lawyer, 27th September 2024
Source: www.localgovernmentlawyer.co.uk
Ombudsman recommends council review triaging procedures for Deprivation of Liberty Safeguards requests – Local Government Lawyer
‘The Local Government and Social Care Ombudsman has found Stockport Metropolitan Borough Council at fault for depriving a woman of her liberty without an authorisation, and failing to involve her attorney in a best interests meeting to decide on a new placement.’
Local Government Lawyer, 23rd September 2024
Source: www.localgovernmentlawyer.co.uk
Outsourcing and the Human Rights Act 1998 – the consequences – Mental Capacity Law and Policy
‘Without straying into politics, Sammut v Next Steps Mental Healthcare Ltd [2024] EWHC 2265 (KB) is a case which demonstrates the consequences of the fact that much state-funded care – including coercive mental health care – is now delivered privately. It concerns a man, Paul Sammut, who had what was described as a chronic, enduring and treatment resistant schizophrenia. For large parts of his adult life, he was detained under s.3 Mental Health Act 1983.’
Mental Capacity Law and Policy, 16th September 2024
Property and Affairs Report – September 2024 – 39 Essex Chambers
‘In the Property and Affairs Report: a guest post updating deputies and attorneys on important responsibilities.’
39 Essex Chambers, 1st September 2024
Source: www.39essex.com
Health, Welfare and Deprivation of Liberty Report – 39 Essex Chambers
‘In the Health, Welfare and Deprivation of Liberty Report: the Court of Appeal on belief and capacity, and both sexual and medical complexities before the courts.’
39 Essex Chambers , 1st September 2024
Source: www.39essex.com
Challenges to deprivation of liberty orders in England soar by a third – The Guardian
‘Growing numbers of vulnerable people receiving care are challenging deprivation of liberty (Dol) orders that can mean they are locked up or kept under restrictive supervision.’
The Guardian, 4th August 2024
Source: www.theguardian.com
Vulnerable children locked up and ‘gravely damaged by the state’, former top family judge warns – The Guardian
‘Vulnerable children with complex needs are being locked away in unregulated placements and are being “gravely damaged by the state” while their parents are driven to despair, according to England and Wales’s former top family judge. Sir James Munby terms the lack of provision of safe and therapeutic homes “a shocking moral failure”.’
The Guardian, 9th June 2024
Source: www.theguardian.com
39 Essex Chambers June 2024 Mental Capacity Report – Mental Capacity Law and Policy
‘The June 2024 Mental Capacity Report is now out. Highlights this month include:
(1) In the Health, Welfare and Deprivation of Liberty Report: when no option is a good one, snapshots from the frontline, and are we listening closely enough to the person in the context of deprivation of liberty;
(2) In the Property and Affairs Report: the Powers of Attorney Act 2023 on election hold, contesting costs in probate cases and guidance on viewing LPAs online;
(3) In the Practice and Procedure Report: post-death costs, what does it mean to be an expert in the person, and procedure in brain stem death cases;
(4) In the Mental Health Matters Report: the MHA 1983 under strain in police cells and the hospital setting;
(5) In the Wider Context Report: the inherent jurisdiction – a case, guidance, and a challenge from Ireland; the older child and medical treatment decisions – mental capacity or competence, and Capacity and contempt proceedings – what is the test?
(6) In the Scotland Report: guardianship under examination before the Sheriff Appeal Court and Scottish Government’s Mental Health and Capacity Reform Programme.’
Mental Capacity Law and Policy, 6th June 2024
Children detained under little-known orders are speaking out after turning 18 – BBC News
‘At the age of 14, Katy Baxter was detained alone under a court order, far from her Bournemouth home, supervised by two workers 24 hours a day, going for long periods without any contact with her family.’
BBC News, 22nd May 2024
Source: www.bbc.co.uk
