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Deprivation of Liberty Safeguards: Towards the Liberty Protection Safeguards

Nicholas Paines QC, Public Law CommissionerNicholas Paines QC, Public Law Commissioner

This conference, chaired by Alex Ruck Keene, Barrister & Consultant, Mental Capacity and Deprivation of Liberty Project The Law Commission, updated delegates on the implications of the March 2017 Law Commission Report and the practicalities of moving towards Liberty Protection Safeguards in services.

Speaker Updates and Presentations

Learning from a Personal Perspective

Sarah Holmes, Service User

  • DoLS from a service user perspective
  • how it feels in practice
  • my experience

EXTENDED SESSION: Towards Liberty Protection Safeguards: The Law Commission’s DoLS Review: The Final Report, Recommendations and Draft Bill

Nicholas Paines QC, Public Law Commissioner

  • the flaws with the current system, and case law examples
  • providing appropriate care and better outcomes for people who lack mental capacity and helping their family and carers.
  • moving from DoLS to Liberty Protection Safeguards: a look at the Law Commission’s final report and proposals for DoLS reform
  • what could provisions e look like under a new system?
  • the levels of safeguards under the proposed system
  • moving forward: implications for practice

Nicholas Paines’s Full Presentation Click Here 

Nicholas Paines’s Biography

Nicholas Paines QC was appointed as Law Commissioner with responsibility for public law on 18 November 2013.

Mr Paines was formerly a leading silk in EU and public law. He sits as a Deputy High Court Judge in the Administrative Court, a Deputy Judge of the Upper Tribunal (Administrative Appeals Chamber) and the First-tier Tribunal (Tax Chamber) and a Recorder in the Crown Court. He is also a member of the Bar of Northern Ireland.

EXTENDED SESSION: Liberty Protection Safeguards: Ensuring Effective Use and Compliance with the Recommendations in Practice

Alex Ruck Keene, Barrister & Consultant, Mental Capacity and Deprivation of Liberty Project, The Law Commission

  • practical implications of the Law Commission Review
  • ensuring compliance
  • implications for current and future cases
  • challenges, grey areas and difficult issues in practice
  • current DoLS issues and what the future holds for Liberty Protection Safeguards
  • interactive discussion and group work

Alex comments: 

“it’s not the reasonable persons’ test, it needs to be considered from the individual patients’ point of view”

“it’s an objectively subjective test”

“you construct the decision starting from what the person wants then working upwards”

“if we want to do something that goes against what a person wants, we need to have a good reason”

Alex Ruck Keene’s Full Presentation Click Here

Future events of interest:

Learning from Outstanding Mental Health Services
Monday 17 July 2017 
De Vere West One Conference Centre, London

Self Neglect and Adult Safeguarding
Monday 25 September 2017 
De Vere West One Conference Centre, London

Delivering Excellence in Recovery Oriented Services in Mental Health
Monday 2 October 2017 
De Vere West One Conference Centre, London

Masterclass: Deprivation of Liberty Safeguards
Tuesday 12 December 2017 
De Vere West One Conference Centre, London


14 July 2017

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