Court of Protection: Deprivation of liberty update

Thursday 25 May 2017, 6:30pm - 8:00pm

Garden Court Chambers

Date: Thursday 25 May 2017
Time: 6:30pm - 8:00pm
Venue: Garden Court Chambers, 57-60 Lincoln's Inn Fields, London WC2A 3LJ  
Areas of Law: Court of Protection

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This session will focus on recent developments in the law concerning the deprivation of liberty of cared-for people who lack mental capacity.

Members of our Court of Protection Team will speak on the subject area and invite contributions/questions. All who attend are invited to join us afterwards for a drinks reception.

What will be covered?

  • Overview of legal framework: Article 5 ECHR; Mental Capacity Act 2005 and Deprivation of Liberty Safeguards (DoLS); the acid test, the streamlined procedure; best interests and available options after Re MN (UKSC)
  • Recent cases, including Re SRK and private deprivation of liberty, Briggs v Briggs and the scope of s. 21A, the impact of Ferreira on DoLS and inquests
  • Practice points on s 21A MCA 2005 applications and applications for authorisation of deprivation of liberty where Schedule A1 DoLS do not apply
  • Recent developments in Human Rights Act 1998 damages claims
  • 16 and 17-year-olds
  • The Law Commission’s recommendations


Who should attend?

The seminar is aimed to provide an update suitable for established Court of Protection practitioners whilst also being accessible to those relatively new to the practice area.


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