Greater clarity on the acid test in ICU and other hospital settings?

Posted by Eve Piffaretti on
Defining whether an individual is a risk of a deprivation of their  liberty continues to create significant difficulties across the health and care sector.

Some further guidance have been provided by the Divisional Court in  R. (on the application of LF) v HM Coroner for Inner South London [2015] EWHC 2990 (Admin)  which  important decision that should be noted by health and care professionals,  Mental Capacity Act Managers and DOLS Co-ordinators and Assessors.

It has significant implications not only for patients being treated in ICUs and hospices, but also to patients who have no prior history of mental incapacity who are admitted to hospital for treatment for physical disorders. The Court had to determine whether a heavily sedated mentally incapacitated patient who had been transferred to the hospital's ICU for life saving treatment was being deprived of her liberty. This required determine of whether the "acid test" for the deprivation of liberty identified in the Cheshire West case was satisfied.  

Our Consultant in Mental Health and Capacity law, Professor Richard Jones, guides you through this recent decision in his briefing

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Eve heads our Commercial team in Wales and the Public Law Group. She acts for public sector organisations across the UK advising on public law and regulatory issues.

Eve Piffaretti
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