1 Supreme Court judgment in the case of Cheshire West Niall Fry MCA-DoLS Policy Lead, DH Care Providers Alliance event Tuesday 28 October 2014

2 Valuing every voice, respecting every right Supreme Court judgment - case one

3 Valuing every voice, respecting every right Supreme Court judgment - case two

4 Valuing every voice, respecting every right Supreme Court judgment - case three

5 Valuing every voice, respecting every right Supreme Court judgment - acid test

6 Valuing every voice, respecting every right Supreme Court judgment - not relevant considerations

7 Valuing every voice, respecting every right DH View Welcome the judgment w.r.t. its re-statement of the universal nature of human rights – afforded to all on an equal basis Recognise this means a significant increase on the numbers now considered to be DoL – HSCIC data shows this Compliance won’t occur overnight (ADASS and CQC agree), but must have a plan in place – do nothing not acceptable In particular, “bulk assessments” not appropriate – must maintain the individual scrutiny

8 DH View cont. Needs to be an MCA-centred response First step should always be, can restrictions be eased to prevent a DoL from occurring? Prioritise and risk assess Don’t hold back applications Valuing every voice, respecting ever right

9 Longer term solution Law Commission to fundamentally review legislation – for DoLS and for “community settings”. Aiming for a system that achieves right balance between protecting rights and reducing administrative burdens – integration into normal care planning process will be important Valuing every voice, respecting every right

10 Shorter term Court of Protection is almost ready to launch its new streamlined system – will allow paper applications for “simple” cases DoLS standard forms being revised and updated case law guidance produced Valuing every right, respecting every right

11 Concluding thoughts An opportunity but certainly a challenge MCA centred response essential Keen to hear your major concerns, thoughts for any short- term solutions – to feed into future planning Valuing every right, respecting every right