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Co-ordinating Deprivation of Liberty: Human Rights Turned Upside Down

Fennell, Philip William Hugh 2012. Co-ordinating Deprivation of Liberty: Human Rights Turned Upside Down. Elder Law Journal 2 (1) , pp. 82-87.

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Abstract

Explores the Court of Protection decision in Cardiff CC v Ross in which the local authority sought to prevent a care home resident, suffering from dementia, from going on a cruise with her long-term partner. Discusses why the local authority took out a deprivation of liberty safeguard (DOLS) standard authorisation depriving Mrs Ross of her liberty and the unlawfulness of such action as Mrs Ross did not meet the necessary requirements under the Mental Capacity Act 2005 Sch.A1. Argues that the DOLS were only intended for use where a person needed care or treatment for a mental or physical condition and to use it for other purposes is an abuse of power.

Item Type: Article
Date Type: Publication
Status: Published
Schools: Law
Subjects: K Law > K Law (General)
Uncontrolled Keywords: Dementia; Deprivation of liberty safeguards; Mental capacity; Package holidays; Residential care
Publisher: Jordan Publishing
ISSN: 2044-9593
Last Modified: 04 Jun 2017 04:26
URI: http://orca-mwe.cf.ac.uk/id/eprint/38961

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