Briefing quick find:

DoLS : What constitutes deprivation of liberty?

The deprivation of liberty safeguards (“DOLS”) were intended to provide protection for individuals who were deprived of their liberty previously using the common law. These addressed what was known as the Bournewood gap. One of the difficult issues for those…

Care home briefing 98 – How do you assess best interests?

The Court of Protection has recently provided guidance[1] on how to assess what is in an individual’s best interests under the Mental Capacity Act 2005 (MCA) and particularly the extent to which an incapacitated individual’s own or potential wishes should impact on that decision. Facts The case…