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Case Law and Legal Summaries

Case Law summaries

Case Law and Legal Summaries: monthly overview and analysis of selected cases, highlighting implications and recommendations for practice.

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Case Law and Legal Summaries December 2017

This month’s cases consider the following cases:

  • Case 1 - the High Court decided that it is lawful to stop giving clinically assisted nutrition and hydration provided there is complete agreement among professionals and relatives that it would not be in an individual’s best interests to continue.
  • Case 2 - the European Court of Human Rights confirmed that the deprivation of liberty safeguards (DoLS) do provide sufficient safeguards for a person’s right to appeal against detention in a care home or hospital
  • News and Guidance - includes the latest statistical report from NHS Digital on the operation of DoLS in 2016/17, a Home Office report demonstrating an inconsistent understanding of how to recognise that offences of modern slavery, coercion and control might be taking place, and a Safeguarding Adults Review with clear recommendations around making decisions within the MCA.


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