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Supreme Court judgment in the case of Cheshire West

Supreme Court judgment in the case of Cheshire West. Care Providers Alliance event Tuesday 28 October 2014. Niall Fry MCA-DoLS Policy Lead, DH Niall.fry@dh.gsi.gov.uk. Supreme Court judgment - case one. Supreme Court judgment - case two. Supreme Court judgment - case three.

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Supreme Court judgment in the case of Cheshire West

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  1. Supreme Court judgment in the case of Cheshire West Care Providers Alliance event Tuesday 28 October 2014 Niall Fry MCA-DoLS Policy Lead, DH Niall.fry@dh.gsi.gov.uk

  2. Supreme Court judgment- case one Valuing every voice, respecting every right

  3. Supreme Court judgment- case two Valuing every voice, respecting every right

  4. Supreme Court judgment- case three Valuing every voice, respecting every right

  5. Supreme Court judgment- acid test Valuing every voice, respecting every right

  6. Supreme Court judgment- not relevant considerations Valuing every voice, respecting every right

  7. DH View • Welcome the judgment w.r.t. its re-statement of the universal nature of human rights – afforded to all on an equal basis • Recognise this means a significant increase on the numbers now considered to be DoL – HSCIC data shows this • Compliance won’t occur overnight (ADASS and CQC agree), but must have a plan in place – do nothing not acceptable • In particular, “bulk assessments” not appropriate – must maintain the individual scrutiny Valuing every voice, respecting every right

  8. DH View cont. • Needs to be an MCA-centred response • First step should always be, can restrictions be eased to prevent a DoL from occurring? • Prioritise and risk assess • Don’t hold back applications Valuing every voice, respecting ever right

  9. Longer term solution • Law Commission to fundamentally review legislation – for DoLS and for “community settings”. Aiming for a system that achieves right balance between protecting rights and reducing administrative burdens – integration into normal care planning process will be important Valuing every voice, respecting every right

  10. Shorter term • Court of Protection is almost ready to launch its new streamlined system – will allow paper applications for “simple” cases • DoLS standard forms being revised and updated case law guidance produced Valuing every right, respecting every right

  11. Concluding thoughts • An opportunity but certainly a challenge • MCA centred response essential • Keen to hear your major concerns, thoughts for any short-term solutions – to feed into future planning Valuing every right, respecting every right

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