Deprivation of Liberty Safeguards

1. Deprivation of Liberty Safeguards • Paul Greening • MCA Manager

2. Clear Definition of What Constitutes a Deprivation of Liberty P & Q Case (Mig & Meg) - “homeliness” - “institutions designed for detention” Cheshire West - “relative normaility” Supreme Court Judgement

3. Back To Basics Where did the DoLS come from? What were they designed to do? How the DoLS process works What the DoLS are not

4. Where Did the DoLS Come From? The Bournewood Case - HR and Mr & Mrs E - Highlighted the gap in protection for people like H - Showed the need for a proper process to safeguard patients’ rights and the rights of their families & carers - Showed British law was incompatible with ECHR

5. Human Rights Quiz How many of the 18 main Articles of the European Convention on Human Rights do you know?

6. Human Rights 2 Right To Life 3 Prohibition of Torture 4 Prohibition of Slavery & Forced Labour 5 Right to Liberty and Security 6 Right to a Fair Trial 7 No Punishment Without Law 8 Right to Private & Family Life 9 Freedom of Thought, Conscience & Religion 10 Freedom of Expression 11 Freedom of Assembly & Association 12 Right to Marry 13 Right to an Effective Remedy 14 Prohibition of Discrimination

7. European Convention on Human Rights 18 Articles – now incorporated into the domestic Human Rights Act. The state has a positive obligation to promote these rights (not just avoid infringing them). Art. 5 – Right to Liberty & Security Art. 8 – Right to Private & Family Life Art. 13 – Right to an Effective Remedy

8. DoLS Were Designed To: Ensure compliance with Art. 5 – Right to Liberty & Security - No one should be detained except by means of a “procedure prescribed by law” - Anyone so detained should have a mechanism by which the lawfulness of their detention can be “decided speedily by a court”

9. Ombudsman’s Report – Mr RK Retired miner who’d lived all his life with his brother Alzheimer’s dementia, diabetes & breathing problems Home described as ‘squalid’, and the air as ‘acrid’ Admitted to residential care homes & hospital Consistently stated wish to go home & to die at home Brother also consistently requested return home No DoLS applications from either hospital or care homes Delays and funding issues meant he died before he was able to get back home

10. Case Studies Take no more than a couple of minutes to think about whether each case is one where the DoLS should be used

11. DoLS Procedures – ‘prescribed by law’ Age Assessment – Adults Only No Refusals Assessment – Reinforces authority of Attorney or Deputy Mental Health Assessment – Art. 5 stipulation about detention Capacity Assessment – can’t force care on the capacitated Eligibility Assessment – MHA might be more appropriate Best Interests Assessment – usually the crux of the matter & where the Principles of the MCA are seen most clearly

12. What The DoLS Do Not Do Don’t give the power to detain (authorises BI decision) Don’t give the authority to ignore objections - Mr and Mrs D/Steven Neary Don’t give the authority to restrict/deny contact with family/friends - Art 8 rights to family life Don’t give an excuse for delaying care arrangements - Ombudsman case Don’t give a reason for not looking for less restrictive care interventions - Principle 5

13. Blogs Worth Reading http://markneary1dotcom1.wordpress.com/ Love, Belief & Balls – Mark Neary’s blog http://thesmallplaces.wordpress.com/ The Small Places – Lucy Series’ blog http://ukhumanrightsblog.com/ General information about Human Rights cases with comments by a legal firm in London

14. Any questions?