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Liberty Protection Safeguards – an update

What? As contained in the Mental Capacity (Amendment) Act 2019 (yet to come into force), the Liberty Protection Safeguards (“LPS”) are due to replace the current Deprivation of Liberty Safeguards. LPS will provide a new framework for the protection of those aged 16 and over, in any setting who need… Read More

Court of Protection guidance: When not to go to Court and how to when you do

The Vice President of the Court of Protection has issued helpful guidance HERE on bringing proceedings in relation to proposed “serious medical treatment”. Introduction  There is an expectation that 15 years after the introduction of the Mental Capacity Act (MCA) every acute and mental health Trust will know enough… Read More

Newsflash: Young persons and deprivation of liberty

The Supreme Court has decided parental authority CANNOT be used to authorise the deprivation of liberty of 16 and 17 year olds who lack capacity to consent to arrangements that amount to a deprivation of liberty.  This has significant implications for both commissioners and providers of health and social… Read More