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Whose best interests?

The Deprivation of Liberty Safeguards are not merely suggestions, they must be appropriately fulfilled before any individual is deprived of their liberty, warns Sofia Tayton

27 February 2015

"It is hard to imagine a more depressing and inexcusable state of affairs. A defenceless 91-year-old gentleman in the final years of his life was removed from his home of 50 years and detained in a locked dementia unit against his wishes."

The judgment of District Judge Mort in the case of Essex County Council v RF (2015) EWCOP 1 is
a timely reminder of how the Mental Capacity Act 2005, Deprivation of Liberty Safeguards (DoLS) should work.

I don't intend to go through the facts of the case here, but to consider how easily the DoLS can be forgotten when dealing with clients who may need supporting in their daily routines.

Case study

Consider my client, Miss C. Like the gentleman in the Essex County Council case, Miss C was an independent person. She had been successfully and happily living alone her whole life. She had never married a...

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