National Deprivation of Liberty Court handling applications covering children to be launched next month

[Alison J Stevens]

https://www.localgovernmentlawyer.co.uk/child-protection/392-childr...

Another positive way forward with Children having their own specialised DOLS team within the RCJ.

It would be important to find out if the Court of Protection in these Children's Liberty Protection Safeguarding cases will allow Parents to become an Appropriate Person for their Child under the new Liberty Protection Safeguarding Policy.

An Appropriate Person, under the new system will have to be appointed by the the Responsible Body which will be the Hospital or children's home that the child might be in.

The former might cause problems if the Parents decide to challenge the hospital or put in a complaint into the hospital about poor nursing care.

The Responsible Body may use any complaints the Parents make about the hospital and use complaints as a way not to allow that person to become an Appropriate Persons Advocate or Representative.

With regards to the new LPS system the cared for person and the Appropriate person will only get an IMCA appointed if they request one.

Under the current DOLS policy, Best Interest Assessors carry out assessments in all cases.

Under the new system LPS approved Mental Capacity Professionals AMCPs will come in and assess cases where there is a reason to be believe that the person objects to the arrangements where the child or person is cared for in a independent hospital or where the Responsible body decides to refer for a AMCP.

The DOLS system and the New Liberty Protection safeguarding system will work together for one year, before the new Liberty Protection safeguarding system will become the new up-to-date Policy to be used by all professional's.