Deprivation of Liberty: A Handbook, by Her Honour Nazreen Pearce, District Judge Sue Jackson
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Deprivation of Liberty: A Handbook, by Her Honour Nazreen Pearce, District Judge Sue Jackson
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In the UK, with the increase in both the elderly population and the number of learning disabled adults who need permanent professional care in hospitals and residential homes, health and welfare services have become involved in providing care for vulnerable individuals, often in very difficult circumstances. There is a fine line between what can be considered to be justified in a person's best interests and what may be regarded as a deprivation of his/her liberty. The UK's Mental Capacity Act 2005, supported by the Deprivation of Liberty Code of Practice, sets out the applicable legal framework. However, subsequent UK case law clearly demonstrates that professionals who have to deal with the subtle issues in this difficult area are struggling with the appropriate knowledge and understanding of the statutory provisions, as well as the balance which has to be struck between responsible action to protect an individual's interests and the preservation of liberty. This book provides professionals at all levels with a concise and easily accessible guide to the practice and procedure to be followed in such cases (covering both administrative actions and the role of the Court of Protection). It sets out all the relevant statutory material specific to deprivation of liberty. [Subject: Health Care Law, Human Rights Law]
Deprivation of Liberty: A Handbook, by Her Honour Nazreen Pearce, District Judge Sue Jackson- Published on: 2015-10-16
- Original language: English
- Number of items: 1
- Dimensions: 9.60" h x 1.00" w x 6.20" l, .0 pounds
- Binding: Paperback
- 268 pages
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0 of 0 people found the following review helpful. AN AUTHORITATIVE WORK OF REFERENCE By Phillip Taylor MBE AN AUTHORITATIVE WORK OF REFERENCEFOR ALL PROFESSIONALS INVOLVED IN THIS DIFFICULT AND SENSITIVE AREA OF LAWAn appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green ChambersIt is fortunate that in the times in which we live, medical advances generally allow older people to grow older and live longer. However, while such conditions as dementia are by no means inevitable in old age, they have unfortunately become almost a commonplace, resulting in varying degrees of mental impairment.Younger adults, as well as older people -- and indeed all who lack the capacity to look after themselves are, as the authors of this Handbook point out, the most vulnerable in society --and in their vulnerability, their inalienable human rights must be protected, especially in the event that deprivation of liberty issues result.Lawyers in particular will certainly recognize that there are few other areas of law which generate such a large percentage of what are referred to as ‘hard cases.’ Practitioners faced with the task of advising on the problems which deprivation of liberty tends to generate will therefore welcome the recent publication of this Handbook from Jordan Publishing. It will also provide useful guidance for medical practitioners and social workers dealing with these problems from day to day.Setting out the latest case law and all the relevant statutory material specific to deprivation of liberty, this Handbook provides authoritative guidance regarding proper procedure in court, as well as precise analysis and reference to learned opinion on virtually all aspects of ‘deprivation of liberty’ -- a term which in itself, almost defies precise definition -- a problem which is certainly tackled head-on in this book.The book also provides in-depth coverage of such areas as safeguards (DoLS)…judicial authorization of deprivation of liberty… urgent authorization of restraint/detention (including the issue of ‘serious harm’)… and of course much more.Almost half the book, for example, is taken up by the eight appendices which include extracts from the relevant legislation including the Mental Capacity Act 2005… practice directions…. extracts from the Court of Protection Rules 2007… and almost forty pages of the required forms. There are also tables of cases, statutes and statutory instruments.Extensively footnoted, with numbered paragraphs throughout and a detailed table of contents and index, plus a section on useful web links, the book, fortunately, is designed for ease of use for busy practitioners. Also note that important recent developments in this rapidly evolving area of law are also covered, to approximately mid-2015.Readers mindful of the formidable responsibilities placed on local authorities, medical practitioners, social workers and care home managers, as well as the courts -- in the matter of any issues pertaining to deprivation of liberty -- will find invaluable help and support in this excellent and, we would say, essential Handbook.The publication date is cited as at September 2015.
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