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15 March 2017
Issue: 7738 / Categories: Legal News
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Deprivation of liberty law “unfit for purpose”

The law on deprivation of liberty is “unfit for purpose”, leaving thousands of people with dementia or learning disabilities detained in hospitals and care homes without the appropriate checks, the Law Commission has said.

The 2014 Cheshire West case widened the definition of who was subject to “deprivation of liberty safeguards”, putting local authorities under increased pressure and adversely affecting vulnerable people.

In a report and draft Bill published this week, “Mental capacity and deprivation of liberty”, the Law Commission proposes a new scheme, the “Liberty Protection Safeguards”. It would cut unnecessary dupliucation by taking into account previous assessments, enabling authorisations to cover more than one setting and allowing renewals for those with long-term conditions, extend responsibility for giving authorisations from councils to the NHS, and simplify the “best interests” assessment.

Law Commissioner Nicolas Paines QC said: “The Deprivation of Liberty Safeguards were designed at a time when considerably fewer people were considered deprived of their liberty. Now they are failing those they were set up to protect. The current system needs to be scrapped and replaced right away.”

Andriy Buniak, solicitor at Mander Hadley, who specialises in Court of Protection work, urged people to have a solicitor prepare a Health and Welfare Lasting Power of Attorney while they still had capacity.

Issue: 7738 / Categories: Legal News
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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
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The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
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After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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