This week, the Supreme Court (UKSC/2025/0042) is considering a submission by the Attorney General for Northern Ireland, addressing the following issue: Does the Minister of… Read More »Cheshire West: back in the courts
A Best Interest Decision is the step that is taken if a person is found to lack mental capacity for a specific decision at a specific time. It is not a single action, but rather a dynamic process that aims to uphold the individual’s rights, keeping their thoughts, feelings, beliefs and values at its heart, while also consulting with all relevant parties to weigh up the viable options.
Read More »Best Interest Decisions in everyday practice: Part 1In this week’s blog we gather together some of the free resources we have been sharing on Deprivation of Liberty Safeguards (DoLS) and the forthcoming Liberty Protection Safeguards (LPS).
Read More »Blogs on DoLS and LPS
An RPR is a vital role under the Mental Capacity Act (2005), supporting an individual’s inclusion and rights around their Deprivation of Liberties (DoLS). This role is often filled by an unpaid family-member, friend or partner. However, if a family-member, friend, or partner cannot be identified, the supervisory body is required to refer for independent advocacy to complete this role as a paid (professional) RPR.
Read More »Support for RPRs
When does care become a deprivation for a young person under 18 years of age? When is care ‘necessary’ and how do we define what counts as ‘necessary’? Are a young person’s right so different from that of an adult? These are all questions that some of us wrestle with on an almost daily basis – and yet at the same time, it is evident that in some cases, these questions are not given the attention that they deserve.
Read More »Deprivation of liberties and the under 18s
On 8th July 2022 a set of nine draft forms related to the Liberty Protection Safeguards were released via email from the Department of Health and Social Care. These are not believed to be the mandatory format going forward, but rather are designed to help guide expectations and ensure consistency.
Read More »Release of draft LPS forms
The LPS consultation will now remain open until 14th July 2022 to allow for a greater range of responses. There are a number of resources and walkthroughs on the consultation document(s) available, including easy read versions available via the main consultation website.
Read More »LPS consultation extended to 14th July 2022
In the sixth part of our series of blogs on change to the MCA Code of Practice, we turn to one of the most looked-for discussions: the Liberty Protection Safeguards (LPS).
Read More »Reflecting on changes to the MCA Code of Practice (Part 6)
In today’s reflection on the proposed updates to the Mental Capacity Act’s Code of Practice, we consider the protection that the Act provides. This is the overarching protection both for the individual, as well as those supporting them including friends, family and professional staff at all levels.
Read More »Reflecting on changes to the MCA Code of Practice (Part 5)In the fourth part of our blog series on the proposed changes to the MCA Code of Practice, we look at Chapter 4, and the process for assessing capacity.
Read More »Reflecting on changes to the MCA Code of Practice (Part 4)