It’s been just a matter of days since the Law Commission stressed its commitment to reforming the law on deprivation of liberty by resolutely saying in an interim statement that “legislative change is the only satisfactory solution”.
Although the final report and draft legislation is not due until the end of 2016, the Law Commission was requested to reveal its initial findings from its consultation on deprivation of liberty at the request of Minister of State for Community and Social Care, Alastair Burt MP.
It reveals how many social workers feel the proposals relating to protective care resonate with social work values and good practice, yet there are still some profound issues that need to be addressed with some respondents saying:
“The idea of different tiers or levels of safeguards would be cumbersome and overly complex, generating significant additional financial costs and bureaucracy.”
Trainer Jenni Pennington, who runs Sanctuary Training’s BIA Refresher course, agrees:
“Transferring principles into good practice has been problematic and whilst there remains considerable support for the principles; evidence shows that there are gaps resulting in differential treatment of people, particularly where there may be tensions between potential risk and resulting deprivations of liberty. Any new legislation must address this.”
These issues are covered in Jenni’s course material, where participants explore how to formally assess Best Interest in those individuals judged to lack capacity and who rely upon others to make decisions on their behalf.
Our next BIA Refresher course takes place on 13th October 2016 in London.