LBC V. Anor (2013)

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LA v Mrs D L Anor (2013) EWCOP B3, A similar situation to that of Hillingdon LBC v Neary (2011) EWHC 1377. Mrs D has a life limiting illness. She was in respite, placed on a DoLS unable to return home despite the protest from herself and her husband. There is an argument that the End of Life Care Strategy (2008), now known as Gold Standard Framework (2015) may have been a better approach and form of support to the couple instead of DoLS. Both judgements make compelling reading, sadly for the wrong reasons. Series (2014) acknowledges risk and balance of risk. Series (2014) comments of “what good is it making someone safer if it merely makes them miserable” evidenced within both cases. The United Nations Convention on the Rights of Persons with Disabilities is of the view anyone with or without a disability should be given the same rights. Human Rights are what it says that they are “universal and enjoyed by everyone”. (Hale 2014: p12). Needless to say many critics describe DoLS as “not fit for purpose” (Taylor 2012: p. 2). Bartlett (2014) raising a point the ECHR…show more content…
Hargreaves (2010) The Health and Social Care Information Centre (HSCIC) established on 1.4.13 to gather data regarding DoLS. Their annual 2014/15 report evidenced, in 2013/14 figures as low as 13,700. There have been 52,125 applications granted in 2014. Series (2012) estimates the legal costs in 2015/16 are to be around £46 million. Following concerns raised of the current process The Law Commission (2015) has been assigned to look at improvements. Although the outcome is not envisaged for sometime, proposals aim to provide “protective” care to all settings. An Approved Mental Capacity Practitioner to complete the assessment, with improved access to advocacy. A tribunal will address the appeals raised to reduce court costs (Spencer-Lane
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