18/07/2023

  • On 5 April 2023, the Government announced that it would be delaying the implementation of the Liberty Protection Safeguards (“LPS”) to replace the Deprivation of Liberty Safeguards (“DoLS”) “beyond the life of this Parliament”. See our detailed article here which sets out more about what this means in practice.

    The upshot of this is that the DoLS framework (where Local Authorities review and authorise deprivations of liberty in hospital and care home settings) and the Re X Streamline process (for cases that fall outside the DoLS framework) will remain in place for the foreseeable future.

    In this session, Hannah Taylor and Ruth Atkinson-Wilks focused on:

    • Considering the numbers – what are the statistics for DoLS and Re X Streamline applications and what are the timescales?          
    • An overview of the Re X Streamline process: when it should be used, the process and how it works in practice;
    • Common complexities and practical difficulties in Re X Streamline applications and how to overcome these; for example, what to do if no Rule 1.2 representative has been identified;
    • What queries are being raised by the Court about Re X Streamline applications? and
    • What about 16 and 17 year olds?

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