Supreme Court Ruling on Deprivation of Liberty Safeguarding

Supreme Court judgement on DoLS of 16 & 17 year olds

Great summary from the British Institute of Human Rights on this judgement.

This means that even if a parent(s) (or person with parental responsibility) consents to the living arrangements for a young people of 16 or 17 who lack capacity to consent to those arrangements themselves, court authorisation will now have to be sought. If court authorisation is not sought, the arrangements will not be lawful.

The Deprivation of Liberty Safeguards (DoLS) will soon be replaced by the Liberty Protection Safeguards (LPS). Although the Mental Capacity Act applies to over 16s, the DoLs only applied to over 18s, creating a legal gap of protection for 16 and 17 year olds. The new LPS will also apply to 16 to 17 year olds, further closing this legal gap.