In the case of HL v United Kingdom [2004] All ER (D) 39 (Oct), also known as the Bournewood case, the European Court of Human Rights held that a procedure prescribed by law must be followed where a person with mental disorder is cared for or given treatment in conditions which amount to a deprivation of their liberty.
As a result of this case a number of provisions were inserted into the Mental Capacity Act 2005 (MCA 2005) by the Mental Health Act 2007 (MHA 2007), and came into force on 1 April 2009. In particular, the addition of Schedule A1 to MCA 2005 introduced what has become known as the Deprivation of Liberty Safeguards regime or DOLS regime.
The powers given by MHA 2007 to the Court of Protection and the DOLS regime were introduced in order to provide appropriate legal protection for incapacitated individuals who are or may be deprived of their liberty outside of the framework of the Mental Health Act 1983 (MeHA 1983).
Statutory guidance on the DOLS regime has...
To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.
**Trials are provided to all LexisNexis content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisNexis services please email customer service via our online form. Free trials are only available to individuals based in the UK, Ireland and selected UK overseas territories and Caribbean countries. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
This Q&A considers, if an intestate estate is being divided between two sisters, X and Y. X does not have capacity and has appointed attorneys under a...
HMRC has updated its payment guidance for Stamp Duty Reserve Tax, Landfill Tax and Climate Change Levy to explain the consequences of using an...
The Office of the Public Guardian (OPG) has updated its guidance for England and Wales on family care payments. The guidance sets out the public...
Law360, London: Prime Minister, Andy Burnham, has been urged to introduce a tax on 'extreme wealth' in the upcoming Autumn Budget 2026, a coalition...
Court of Protection—notificationThis Practice Note applies to the majority of applications to the Court of Protection. However, it is important to note that a different procedure applies to applications to appoint a property and financial affairs deputy. From January 2023, an upfront notification
Priority between loss reliefs in loss making companiesWhy does it matter?A company that is a member of a group and has incurred any of the types of losses available for surrender by way of group relief may, without any further rules, have more than one way in which to use the loss. There are a
Late payment penalties—inheritance taxWhile interest often accrues on overdue tax, the late payment of certain taxes may also attract a penalty. For information on the interest accruing on overdue tax, see Practice Notes: IHT—payment deadlines on death—Interest on IHT and Interest on late paid
Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences may also be relevant. See Practice Notes: Did the claimant consent to the risk of injury? and Was the claimant involved in an illegal activity?If a
0330 161 1234