DoLS or Quality Care?

Gordon Rayment Ashton


Gordon Ashton draws on his experience as a parent and a judge to consider the relevance of deprivation of liberty safeguards in the context of the care of adults who lack capacity to make their own decisions but need constant supervision, and then outlines his perspective as a potential consumer of the mental capacity jurisdiction.

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HL v UK application No. 45508/99 [2004] 1 FLR 1019, overturning the decision of the House of Lords in R v Bournewood Community and Mental Health NHS Trust ex parte L [1999] AC 458, [1998] 2 FLR 550.

Mental Health Act 2007 which inserted clause 4A and B and Schedules A1 and 1A in the Mental Capacity Act 2005.

P v Cheshire West and Cheshire Council and another; P and Q v Surrey County Council [2014] UKSC 19.

Re X and others (Deprivation of Liberty) [2014] EWCOP 25.

Hillingdon London Borough Council v Neary [2011] EWHC 1377 (COP).

Cheshire West and Cheshire Council v P [2011] EWHC Civ 1257.



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