Articles - DAC Beachcroft

Articles by Paul McGough

Replacing the DoLS regime - End in sight?

Replacing the DoLS regime - End in sight?

The long road to replacing the current Deprivation of Liberty Safeguards (DoLS) has just passed another major milestone, with the legislative framewor ...

Where to draw the line between protecting the vulnerable and respecting their autonomy? Developing role of the court’s inherent jurisdiction

Where to draw the line between protecting the vulnerable and respecting their autonomy? Developing role of the court’s inherent jurisdiction

Those with an interest in the reach and extent of safeguarding responsibilities may already be following the saga of Mr Douglas Meyers, the blind 97 y ...

MCA Breaches: Paying the Price?

MCA Breaches: Paying the Price?

Not following Mental Capacity Act (MCA) requirements can amount to false imprisonment giving rise to significant damages payouts. So found the High Co ...

Use of Force in Mental Health Units - Impact of New Legislation?

Use of Force in Mental Health Units - Impact of New Legislation?

With the push to minimise use of patient restraint in the mental health context remaining high on the government and CQC agenda, there is now legislat ...

New, wide-ranging guidance on CANH decisions: what do you need to know?

New, wide-ranging guidance on CANH decisions: what do you need to know?

DAC Beachcroft explore how all clinicians, NHS Trusts, CCGs and independent healthcare providers need to be aware of important new guidance from the B ...

Latest on when to go to court in 'no dispute' treatment cases

Latest on when to go to court in 'no dispute' treatment cases

Although the Supreme Court decided earlier this year in 'Y' that it is not mandatory to seek court approval before withdrawing clinically assisted nut ...

Costs in the Court of Protection: A Cautionary Tale (London Borough of Lambeth v MCS and another)

Costs in the Court of Protection: A Cautionary Tale (London Borough of Lambeth v MCS and another)

The Court of Protection has heavily criticised and ordered costs against a local authority and CCG for a delay of more than three years in organising ...

Key changes from the new CHC framework

Key changes from the new CHC framework

The new CHC national framework came into effect from 1 October.  This is hugely important for commissioners, and so we ask in this article whether you ...

Going to Court before withdrawing CANH? Supreme Court decides

Going to Court before withdrawing CANH? Supreme Court decides

Following a string of legal cases looking at when decisions about withdrawal of clinically assisted nutrition and hydration (CANH) have to be brought ...

Replacing the DoLS regime: Another step closer?

Replacing the DoLS regime: Another step closer?

The push to replace the existing deprivation of liberty safeguards (DoLS) regime has recently taken a further step forward with draft legislation inco ...