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The term “DoLS” (Deprivation of Liberty Safeguards) is often viewed as a negative and draconian concept, as the person being deprived of their liberty is having their freedoms restricted, impacting their right to liberty under Article 5 of the...
A deprivation of liberty occurs when a person (P) has their personal freedom restricted. This could be because of their care package, to meet their care needs and keep them safe (for example in a locked care home). Article 5 of the European Convention...
This article deals with two new provisions which have been introduced by the government’s Domestic Abuse Act 2021 into the Serious Crime Act 2015 (section 75A and 75B). On 7 June 2022 legislation creating the specific offences of non-fatal...
Deprivation of liberty safeguards (DOLS) are used to deprive a person of their liberty if they are in a hospital, care home or nursing home. The DOLS assessment makes sure that the care being given to a person who lacks capacity is in their best...
There are a lot of worrying cases of Strep A which is causing alarm across the country and parents and carers need to be vigilant. There has also been a request for GPs to exercise a low tolerance when a child presents with symptoms to prescribe...
In recent news, it has been reported that nationwide pub chain, Greene King, has issued a public apology on 15 November 2022 to 12 Irish Travellers, who have remained anonymous, for refusing service in April 2022. It is also understood that the chain...
In the case of Bolton Council v KL [2022] EWCOP 24 Her Honour Judge Hilder provided guidance on when the streamlined procedure to authorise a deprivation of liberty may not be appropriate. The streamlined procedure enables the Court of...
What is the difference between an owner and a director? An owner of a limited company owns shares in it, and they receive dividend payments in return for their investment, but these shareholders will not be involved in the day to day running of the company,...
The offence of drink driving is an imprisonable offence. However, the court looks at each drink driving offence on a case-by-case basis. Not every offender will face time in jail. The offence of drink driving is committed if a person...
To value a clinical negligence claim it is necessary to combine an award to compensate an individual for their pain and suffering (their ‘general damages’) with an award to compensate them for their out of pocket expenses, such as loss of...
Stephensons’ specialist Court of Protection and community care team are available to deliver training either at your premises, at our offices in Wigan, or virtually over Microsoft Teams. Examples of topics we can cover with you include: ...
On 29 th January 2022, some major changes were introduced to the Highway Code. All road users should be familiar with the Highway Code, but it is worrying to hear that an AA survey found that only a third of motorists were aware of the recent update...
While this change in legislation to allow UK staff to have the right to flexible working from day one is welcome, it is important to stress that it does not automatically give staff the right to work from home; rather that they can make a formal request....
With Christmas around the corner, it is important to make sure you are armed with enough knowledge to understand your rights when it comes to buying goods. Perhaps your best weapon this Christmas is the Consumer Rights Act 2015 (the act). Briefly,...
Pyoderma gangrenosum is a rare skin condition that causes painful ulcers and can be difficult to treat. It is not infectious or contagious so you cannot catch it from another person. The cause of pyoderma gangrenosum is often unknown but it can be related...
The recent case of K v N Council [2022] MHLO1 (COP) concerned the residence and care arrangements of a Polish National, ‘K’. K is an 89-year-old lady who has a diagnosis of dementia and schizophrenia. She is also registered deaf and...
