What are the implications of the recent judgements & what has changed? By Paula Scully
Paulas presentation set out the impact of the Cheshire West judgment on Managing Authorities and Local Authorities and dealt with the implications of the Re X judgment which creates a more streamlined process for requesting court authority for deprivation of liberty in community and domestic settings. It raises issues about the need to use DOLs appropriately, not to avoid welfare disputes which ought to be referred to the Court for resolution. It outlines some recent judgements. It offers practical tips to Managing Authorities and Local Authority DOLS offices and Supervisory Body on how to cope with the impact of Cheshire West. It comments on the use of conditions in authorisations and reviews of authorisations. Comments are made on the relevance of the House of Lords Report on the DOLs regime to Local Authorities and the impact of the Government’s response on practice.
Paula said that the key learnings points are:
1. Improve care planning to reduce restrictive practices that lead to a DOL
2. Improve partnership working between Managing Authorities and Supervisory Bodies to risk assess and prioritise DOLs applications and authorisations to implement the Cheshire West judgment
3. Commissioners and providers should resolve welfare disputes, and give more weight to Article 8’s right to respect for the private and family life of the person and their family
4. Protective paradigms do not trump people’s human rights
5. The acid test impacts on providers and Local Authorities in dealing with DOL in supported living and domestic settings. The presentation sets out the procedure for applying for Court authority for DOL.
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Relevant events of interest:
Adult Safeguarding under the Care Act 2014
Delivering a High Quality Elder Friendly Service
Undertaking Adult Safeguarding Investigations & Serious Case Reviews
Download: Paula Scully Presentation13 October 2014