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Podcast: Walking the tightrope – patient capacity, best interests, and disclosure
Stephen Maratos and Stephen Evans discuss patient capacity and best interest decisions when it comes to treatment, and the importance of accurate disclosure in inquests and civil claims.
Liberty Protection Safeguards delayed “beyond the life of this Parliament”
The Government announced on 5 April 2023 that it had taken the “difficult decision to delay the implementation of the Liberty Protection Safeguards beyond the life of this Parliament” as part of its wider plans to reform and improve adult social care.
Update on Implementation of the Liberty Protection Safeguards
A letter dated 16 December 2021 from Helen Tabiner, Deputy Director, Service Quality, DHSC addressed to the LPS National Steering Group Members acknowledges that the aim of implementing LPS by April 2022 cannot be met.
The Devon decision and remote examination: where to go from here?
When the decision in Devon Partnership NHS Trust v SSHC [2021] EWHC 101 (Admin) came out on 22 January 2021 we said “Don’t Panic”. Further analysis and feedback from clients suggests there is cause for, if not panic, then some concern about the implications. In particular, there is a cohort of patients on renewed CTOs whose outcomes may be adversely affected.
Don’t panic! But remote assessment for MHA detention is NOT allowed
The Divisional Court has today handed down a judgment that says, contrary to the advice given by NHS England, “personally examined” for the purpose of assessment for admission under the MHA means assessments cannot be undertaken remotely.
Liberty Protection Safeguards – start date significantly delayed
The Government made a statement on 16 July 2020 confirming, as widely expected, the implementation date for the Liberty Protection Safeguards has been put back to April 2022.
Newsflash: Coronavirus and Critical Care
Ventilators and the number of critical care beds are a regular feature of the Government’s daily briefings and the questions posed by the media. This newsflash explores the guidance currently available and which of the current legal provisions will be held to apply.
Newsflash: Young persons and deprivation of liberty
The Supreme Court has decided parental authority CANNOT be used to authorise the deprivation of liberty of 16 and 17 years olds who lack capacity to consent to arrangements that amount to a deprivation of liberty.
Hempsons’ Social Care Newsbrief Summer 2019
Welcome to the Summer 2019 edition of Hempsons’ Social Care Newsbrief.
Full Steam Ahead On Changes To The Deprivation Of Liberty Safeguards
The Mental Capacity (Amendment) Bill was published on 4 July 2018. It aims to give effect, with some changes, to the scheme of Liberty Protection Safeguards recommended in the Law Commission’s Report: Mental Capacity and Deprivation of Liberty (2017).
Managing disagreements around discharge arrangements
Hospitals across the country are coming under increasing pressure as a result of the current winter crisis. NHS Providers has written to Jeremy Hunt to outline concerns that the NHS does not have sufficient beds or staff to manage the volume of required admissions. The need for Trusts to promptly discharge patients who are well enough to leave hospital has never been more intense.
Social Care Newsbrief Autumn/Winter 2017/18
Welcome to the latest edition of Hempsons’ Social Care newsbrief, a round-up of some of the hot legal topics in the social care sector.