Purpose – The purpose of this paper is to evaluate the Law Commission's recommendations concerning the power of removal contained in section 47 of the National Assistance Act 1948. That provision applies to certain people who are seriously ill, living in squalor, or not receiving proper care...

Purpose – This paper seeks to consider the Deprivation of Liberty Safeguards (DoLS) and, in particular, the extent to which the functions of supervisory bodies can, or should be, performed as part of wider “safeguarding” responsibilities. Design/methodology/approach – The paper reports...

Purpose – This paper's aim is to consider three ways in which, recently, the English courts have sought to define deprivation of liberty (and, maybe, limit the effect of safeguards against it). Design/methodology/approach – Two significant decisions of the Court of Appeal were considered,...

Purpose – The purpose of this paper is to report and analyse a recent case, in which the safeguarding procedure adopted by one local authority was criticised by the High Court. It also seeks to identify the key lessons to be learned. Design/methodology/approach – The paper considers the...

Vulnerable adults have recently gained greater protection. A lot of attention has focused on the effect of the Mental Capacity Act 2005 (MCA) and the Safeguarding Vulnerable Groups Act 2006, but many significant provisions can be found elsewhere. It may be that those provisions, and the...

The nearest relative of a patient detained under the Mental Health Act 1983 (HM Government, 1983) has an important role to play. S/he might even object to detention, and in some circumstances, any such objection will have to be respected and the patient cannot lawfully be detained. A recent High...

A patient may be detained under section 3 of the Mental Health Act 1983 (HM Government, 1983) only if his nearest relative does not object. Whether an objection has been made will be a question for the approved mental health professional (AMHP) concerned, but their answer will have to be a...

Purpose – The purpose of this paper is to explain a decision of the Court of Appeal about the duty an Approved Mental Health Professional (AMHP) will sometimes have to consult a patient's nearest relative, and to set that decision in the context of an earlier one. Design/methodology/approach...

Purpose – This paper aims to consider the recent consultation on a new safeguarding power of entry and seeks to provide a critique of the government's conclusions in that regard. Design/methodology/approach – The paper analyses the report of the consultation exercise and sets it against...