Deprivation of liberty developments

The guidance note previously prepared by the editors of the Mental Capacity Law Newsletters has now been updated to take account of this week’s decision of the Court of Appeal in Re X, and can be found here.  It is likely to be further updated in due course as we get clarity as to what is to happen to the Re X procedure in light of the decision.

Also, in an important parallel development, the Law Commission’s review of the Deprivation of Liberty Safeguards is being accelerated. The Law Commission will be publishing a report and draft bill by the end of 2016, instead of 2017 which was originally scheduled. To read the full announcement, please click here.  There will be a full report upon the Commission’s proposals in the July newsletter.

Finally a judicial review challenge to be heard on 24 June is likely to involve consideration of the Chief Coroner’s Guidance and the meaning of ‘death in state detention’ in the DOLS context (the specific context being an ICU ward).   We will update as soon as we are able.


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