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The Law Society has issued a new Practice Note giving guidance on how legal professionals should work with clients who either lack a capacity, may be under duress or may still have capacity but have other issues that require additional support. The note aims to help readers:
You can read the Practice Note on the Law Society site here. The Law Commission has issued a consultation with a view to replacing the "technical and cumbersome" DoLS process.
It has done so as, "the safeguards are not meaningful for disabled and older people and their families, local councils and the NHS are struggling to meet their obligations under the law, and people who live in other settings – such as supported living – are being left unprotected." The Supreme Court decision in Cheshire West also added to that burden. The main thrust of the new scheme is that DoLS should be replaced by a new system called “protective care” underpinned by several fundamental principles:
In brief, the new scheme does not speak of deprivation of liberty but instead provides "safeguards for those whose care and treatment arrangements are becoming sufficiently restrictive or intrusive to warrant this. " Where a restrictive care and treatment scheme is required they would be referred to “Approved Mental Capacity Professional” (AMCP). The full set of proposals are set out in the consultation documents that can be access using the links below: You can also listen to the Law Commission team explain their thinking in a couple of YouTube videos available on this page. The consultation is open until 2 November 2015 with a final report and a draft Bill in 2016. |
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