Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Family Law

The leading authority on all aspects of family law

31 MAR 2014

Cheshire West - Department of Health guidance on Deprivation of Liberty Safeguards

Jonathan Cailes

Major Works Manager

@JPFamilyLaw

Cheshire West - Department of Health guidance on Deprivation of Liberty Safeguards

On 28 March 2014, the Department of Health issued guidance to health and social care organisations on Deprivation of Liberty Safeguards (DoLS) following the recent Cheshire West judgment. The guidance sets out the actions that the Department suggests relevant staff should take, including that they should:

  • Familiarise themselves with the provisions of the Mental Capacity Act, in particular the five principles and specifically the "least restrictive" principle
  • When designing and implementing new care and treatment plans for individuals lacking capacity, be alert to any restrictions and restraint which may be of a degree or intensity that mean an individual is being, or is likely to be, deprived of their liberty (following the revised test supplied by the Supreme Court)
  • Take steps to review existing care and treatment plans for individuals lacking capacity to determine if there is a deprivation of liberty (following the revised test supplied by the Supreme Court)
  • Where a potential deprivation of liberty is identified, undertake a full exploration of the alternative ways of providing the care and/or treatment, in order to identify any less restrictive ways of providing that care which will avoid a deprivation of liberty
  • Ensure that, where the care/treatment plan for an individual lacking capacity will unavoidably result in a deprivation of liberty judged to be in that person's best interests, this is authorised.

The full guidance is available to download here.

Family Court Practice 2016, The

(Red Book)

Order your copy today and get the Autumn Supplement

More Info from £465.00
Available in Family Law Online
Family Law Online

Family Law Online

Get a FREE trial today! The fastest way to access the latest law reports, case law, commentary,...

Available in Family Law Online
Subscribe to our newsletters