What now for deprivations of liberty?
What will the effect of the postponement of the Liberty Protections Safeguards be on local authorities? Local Government Lawyer asked 50 adult social care lawyers for their views on the potential consequences.
SPOTLIGHT |
SPOTLIGHT |
At a South West Court of Protection User Group Meeting on 26 June 2023, Her Honour Judge Hilder provided some updates that are relevant nationally, writes Hannah Taylor.
Working Group
A working group has been set-up by the Court of Protection to look at improving the DoL Streamlined Process (otherwise known as the Community DoL or Re X cases or CoPDoL11 matters) whilst further announcements are awaited about the Liberty Protection Safeguards (“LPS”).
Court Backlog
Care Plans
Recognising that due to the Court’s backlog, by the time the CoPDoL11 application is seen by the Judge the Care Plans and other evidence may be out of date, HHJ Hilder confirmed:
Accredited Legal Representatives (“ALR”)
ALRs are usually appointed where (a) P will remain in their current residence; (b) if that residence is a family home; and (c) if there is no restraint in place. Otherwise, it is likely that the Official Solicitor will be invited to act.
Hannah Taylor is a Partner at Bevan Brittan.