Better deprivation of liberties safeguards for older people after Supreme Court decision is implemented

I didn't cover the Supreme Court 'Deprivation of Liberties safeguards' decision in the 'Cheshire West' case six months ago or so on this blog, but on my more professionally oriented 'Social Work and End-of-Life Care' blog, which you can look at for more details.

Link to deprivation of Liberties safeguards posts on 'Social Work and End-of-Life Care' bog.

Link to the Supreme Court decision.

But there's a fairly recent professional commentary on the Community Care website for social work professionals which demonstrates the aftermath, that local councils have been inundated with applications for Dols authorisations. This means that older people (and others, but older people are a substantial group affected) are having their rights better protected.The writer makes the point that the decision enshrines social work values in the law.

Link to Community Care article

There are now quite a lot of commentaries on the effects of the decision. A particularly good one is on the mental health law online website, which also has loads of links to previous relevant legal decisions and to good explanations of the law, including a video of Lady Hale, the supreme court judge, explaining it in Court.

Link to Mental Health Law online. 

The MHLO summary of the effect of the decision is also helpful, as follows:

 (1) The 'acid test' for deprivation of liberty is whether the person is under continuous supervision and control and is not free to leave. (2) The following are not relevant: (a) the person's compliance or lack of objection; (b) the relative normality of the placement (whatever the comparison made); and (c) the reason or purpose behind a particular placement. (3) Because of the extreme vulnerability of people like P, MIG and MEG, decision-makers should err on the side of caution in deciding what constitutes a deprivation of liberty.

Link to Lady Hale video.