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Tag: Deprivation of Liberty

Posted on May 7, 2019October 13, 2020

Successful appeal against a Judge’s decision in respect of the Protected Party’s Deprivation of Liberty

In the case of CB v Medway Council & Anor (Appeal) [2019] EWCOP, the Official Solicitor appealed against a decision which justified the Protected Party’s Deprivation of Liberty. The Protected…

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Posted on April 10, 2018April 10, 2018

Latest statistics show 50% annual increase in orders made under the Mental Capacity Act [2005].

The Family Court statistics bulletin relating to the final quarter of 2017 has been published, providing an overview and insight into the data relating to Court of Protection applications and…

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Posted on October 23, 2017April 13, 2021

Can a family member or care worker be appointed as a Representative or Litigation Friend if they are partly responsible for constituting a Deprivation of Liberty?

SCC v MSA & Another (2017) EWCOP 18 This case looked at the issues of where a Protected Party’s mother should act as his Rule 3A representative, in light of…

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Posted on October 10, 2017

The Liberty Protection Safeguards and the repeal of DoLS

The Deprivation of Liberty Safeguards (DoLS), the framework which provides authorisation of restrictions of an individual’s freedom, look set to be repealed and replaced by a new scheme called the…

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Posted on October 10, 2017

Deprivation of Liberty Proceedings on behalf of a minor [2017] EWHC 2458 (Fam)

The Local Authority made an Application for permission to deprive the Protected Party (a minor) where there was no secure accommodation available. The Protected Party was a 13 year old…

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Posted on September 6, 2016September 7, 2016

Revocation of the financial Deputy’s responsibility in a case concerning deprivation of liberty and care arrangements- is this fair?

Temperley Taylor are considering appealing a Court of Protection ruling that revoked the financial Deputy’s responsibility to act on behalf of the Protected Party in a case concerning deprivation of liberty…

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Posted on August 15, 2016April 13, 2021

Should the additional liabilities be included in the budget to allow the proportionality test to be applied correctly?

Following the case of BNM v MGN Ltd (3rd June 2016) where it was found that the after the event insurance should be taken into account when assessing whether the costs…

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Posted on June 15, 2016June 22, 2016

Deprivation of Liberty Safeguardings

This article looks at whether Deprivation of Liberty Safeguardings (DOLS) can be applied to cases where the Protected Party resided within their own home and where a care regime had been…

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