A cross-post to the Court of Protection Handbook site for those of you after clarity as to what the Court of Appeal decided today in the Re X appeal.
Re X – the Court of Appeal pronounces
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Alex RK
Alex RK
Hi, I’m not a lawyer, and am seeking to understand this ruling in layperson’s terms. Am I right in thinking that the DoLS process for residents of care or nursing homes, or patients in hospitals, is OK because the process requires consultation with the resident/patient?
But that the process suggested by the Court of Protection last November for people in supported living settings etc is not OK because it is essentially a matter of filling in a form, with no requirement actually to involve or consult with the service user?
Have I got that right?
David
Yes, the DOLS process for care homes/hospitals is still fine. The problem is in relation to those placements such as supported living ones, for the reason you identify. We are hoping to get a guidance note out soon as what we think people involved in such settings should be doing.
Hi Alex, thanks for this, much appreciated.
Kind regards, David
David, I’m not a lawyer either, and I really appreciated your neat succinct summary.
I tried to write some brief (none legal) guidance for case managers (see our website – http://www.rehabwithoutwalls.co.uk, it’s a brief piece entitled “DOLS and the Case Manager – December 2014 update”), but events have kept on overtaking me.
So, Alex, I very VERY much look forward to reading your guidance note.
Best wishes, and thank you.
Neil
Hi Neil, thanks for that, I was just trying to get it clear in my head. We deliver lots of MCA and DOLS training, so it’s important to be sure of our ground. I often describe myself as a social worker who understands the law, rather than a lawyer who understands social work – and there’s a place for both types of people in our line of work. I’ve read through your post on the other website and I think it covers a lot of ground very well. I have to say that Alex, this forum, and the 39 Essex website are my main sources of reference when I’m stuck!
Kind regards, David
And I meant to add, I recommend this forum in particular on pretty much every MCA or DoLS training session I deliver
Thanks very much for the kind comments (and the plugs), David. we do our best!