The data reported in this briefing relates to all applications issued by the national deprivation of liberty court. It covers information included on the C66 application form – the form used to apply for an order under the high court inherent jurisdiction in relation to children. Data is extracted and recorded by court staff and analysed by Nuffield Family Justice Observatory. In July 2022 the President of the Family Division launched the national deprivation of liberty court. Based at the Royal Courts of Justice, it deals with all new applications seeking authorisation to deprive children of their liberty under the inherent jurisdiction and will run for a 12-month pilot phase initially. The Nuffield Family Justice Observatory was invited to collect and publish data on these applications. This monthly briefing highlights high-level data trends. n the first two months of the national deprivation of liberty court, there were 237 applications – 101 in July and 136 in August. The applications were made by 96 different local authorities and 5 hospital or mental health trusts.

Alex Ruck Keene, a practising barrister, writer and educator specialising in mental capacity law has put together this website of resources about mental capacity law and policy in the UK. Links to blogs, articles, webinars recorded about key topics by Alex and links to other relevant resources.

An update on the Mental Capacity (Amendment) Bill.

Hope Davis-McCallion explains the Law Commission’s ’urgent’ safeguard suggestions. In March 2017, the Law Commission delivered its final recommendations on reforming the Deprivation of Liberty Safeguards system. This came after the Commission concluded that the current system was “in crisis” and needed to be replaced “as a matter of pressing urgency”. The name being suggested for the reformed system is “Liberty Protection Safeguards”.

The book provides an overview of the Mental Capacity Act 2005 and the Court of Protection, before turning to a step-by-step guide through the processes of preparing and making an application, funding and representation issues, preparing for and appearing at hearings, evidence, costs, enforcement and appeals. Also, on this site, are links to relevant statutory materials, other guidance, useful (free) web resources, and updates on practice and procedure before the Court of Protection. The updates take the form of blog posts on the site and also (where relevant) updates are cross-referenced to the relevant paragraphs in the book.

A summary of the key themes included in the Law Commission’s consultation paper on deprivation of liberty.

A general discussion examining to the legal position in relation to testing for COVID-19, especially as testing (a) starts to be more generally available; and (b) is increasingly been rolled out as mandatory in certain settings. It primarily relates to the position in England in relation to those aged 18 and above; specific advice should be sought in respect of Wales and those under 18.

Outlines the key parts and processes of liberty protection safeguards.

The key messages from the The Chief Social Worker’s Mental Capacity Act (MCA) Seminar on 13 March 2015. Key themes included: a push on awareness; the importance of local networks and the importance of identifying people and services.

Following the March 2014 Supreme Court judgment in the case of ‘Cheshire West’ clarified an ‘acid test’ used to determine whether someone should be assessed under the Deprivation of Liberty Safeguards (DoLS) scheme, the Department of Health provided a oneoff contribution of £25m in July 2015 to local authorities to support their DoLS work. This document reports on how local authorities spent/intend to spend their allocation.