Current laws that aim to ensure disabled people are not deprived of their liberty unlawfully are “in crisis” and need to be replaced urgently, according to the government’s advisers on law reform. The current system has led to tens of thousands of people with dementia and learning difficulties being detained in hospitals and care homes without the appropriate independent checks that their rights have not been breached, according to the Law Commission. This week, following a public consultation, the commission published its final report on Mental Capacity and Deprivation of Liberty, which includes proposals for new legislation on how the law should ensure that people without the capacity to give their consent to their care arrangements are the least restrictive they can be and are also in that person’s best interests. The current system, the Deprivation of Liberty Safeguards (DoLS), has been described as an “administrative and bureaucratic nightmare”, and the report says it is “overly
Another case of historical sexual abuse that when originally reported never got past first base. This rejection coupled with the original abuses will have created untold major problems for the abused and for then to deliberate on the Statue of Limitations beggars belief, just what is our justice systems wishing to achieve. For it should be that those who commit criminal acts should be brought to book and not orchestrate means to minimise this. There may be good cause for Statute of Limitations on some aspects, but others should be exempt especially those of a sexual nature.
The victim needs to be a major consideration as they had little or no choice in the actions committed, unlike their abusers.
Kevin Young suffered horrendous sexual abuse as a child must have suffered again having to go through these court ordeals.
Kevin, went to Consett Police Station, when he came out of Medomsley, told them of his sexual abuse, and even showed them the ligature marks on his neck. He was told that to make allegations against a Prison Officer was a criminal offence when on licence.
Who was that callous police officer?
Kevin got on with life as best as he could and became a succesful businessman owning 22 cafes, and a large security business. But after literally bumping into his abuser in York who had become a Reverend in the United Reform Church, he went to pieces. He went from having a £2m business to a recluse, such is the effect of PTSD and mental illness following abuse.
Husband was tried in 2003 for a small fraction of his…
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The publication date of final report into the review of the Deprivation of Liberty Safeguards (DoLS) and draft bill for its replacement has been put back to 2017.
As the Law Commission publishes an interim statement on its reform proposals, Ben Troke and Rebecca Fitzpatrick set out how its initial plans have stripped back
The best interests assessor role could be axed, and independent oversight of deprivation of liberty cases scrapped
The Law Commission is planning to reform outdated legislation that – among its inconsistencies – allows those of some faiths to marry outdoors, but not others
Overseeing body, the Professional Standards Authority, described the current regulatory system as outdated and incoherent
Social work regulation needs a “radical overhaul”, according to the Professional Standards Authority, in a hard-hitting report which questioned whether the current system was fit for purpose.
Frightened into compliance
In a report published last week, the overseeing body said regulation which attempts to “frighten [registrants] into resentful compliance” is to the detriment of performance.
Rather than inflexible and punitive regulation, which stopped practitioners from being innovative, there should be a greater focus on how regulators can support registrants’ professionalism and prevent them from being overburdened with rules and guidance, the report said.
It added the idea that risk of harm can be totally eliminated threatens to corrode the public trust in professionals and in regulation itself.
“All health and care interventions have an element of risk which cannot be totally eliminated,” the PSA pointed out.
“Too often we have seen examples of regulatory mission creep, where regulators have sought to expand the boundaries of their activity in ways that have resulted in confusion for the public and internal conflict of interest.”
This “creep” was flagged up by the Law Commission in a report last year, in which it was suggested the HCPC was breaching registrants’ human right to a private life.
“Registrants’ careers and lives, and those of their families, can often be seriously and lastingly damaged too, sometimes by [registrants’] words or actions lasting no more than a few moments,” the PSA report said.
The PSA also concluded that a “proliferation of regulatory organisations inevitably impedes the pace of change and improvement across the sector. It also embeds operational inefficiency and unnecessary expense.”
Instead of the current fragmented system, there should be shared objectives between professional and systems regulators, the report recommended.
The Health and Care Professions Council which regulates social workers, and Ofsted which regulates the authorities that employ them, should share data and intelligence.
There are more than 20 different regulatory bodies and 12 professional regulators for health, care and social work in the UK. The report said this “vastly complicated and incoherent” regulator system existed despite a lack of understanding of the benefits of regulation and its influence on registrants behaviour.
The PSA proposed several steps that should be taken to improve regulation:
- A shared “theory of regulation” across the sector
- Shared objectives for system and professional regulators, and greater clarity on respective roles and duties
- Transparent benchmarking to set standards
- A reduced scope of regulation so it focuses on what works
- A proper risk assessment model for who and what should be regulated put into practice
A PSA spokesman said the report had been distributed widely and it was hoped it would stimulate discussion about what the next steps should be. ………………’