What happens now? DoLS and potential short (!) term fixes in the light of LPS delay'
Guest post by Lorraine Currie

As we reach the Coronation, the government’s decision to dust-gather LPS on the lower priority shelf of policy will please some but frustrate most. Why the human rights of hundreds of thousands of people with disability have not been prioritised is difficult to fathom. But silver linings help to mediate the pain from change of policy. So what might DoLS 2.0 look like using a non-legislative approach (aka ‘LPS’)?

Reminiscent of his decision on behalf of Manuela Sykes, DJ Eldergill has once again illustrated the aim of best interests decision-making: to try to reach the decision that the person would have made for themselves if they still had capacity to make it.

Did the minority of local authorities ease their statutory duties unnecessarily? Or did the vast majority breach theirs? Our research into co-resident carers of someone living with dementia reveals endemic legal uncertainty during the pandemic social care crisis.

After over two years, the government has now set out its full response to the Independent Review led by Sir Simon Wessely, as well as a public consultation on its proposals which ends on 21 April 2021. The vast majority (but not all) of the Review’s 154 recommendations have either been accepted or at least in principle. This blog provides a summary and some early analysis to inform the response.

Probably just an oversight, but the Coronavirus Act 2020 made no mention of the emergency measures required to ensure those detained under the Mental Capacity Act 2005 are adequately safeguarded.

An analysis of what LPS currently looks like, since it was improved by the Lords.