Securing Rights: A Legal Perspective Sophy Miles

Sources Adult Social Care Law A series of statutes dealing with provision of services and support What the judges say: “Tortuous” “Labyrinthine” “Bristles with intricate regulation”

Adult Social Care Law Concerns services and support. Not to “regulate, control, compel, restrain, confine or coerce.” Challenges: Complaints procedures Onbudsman Judicial Review in the High Court

“Safeguarding” There is no Adult Protection legislation Local authorities have a duty to investigate cases where abuse and neglect may have taken place Law Commission on reform of Adult Social Care Law recommends a legal framework but no new compulsory powers

Compulsory powers The Mental Health Act 1983 S47 National Assistance Act 1948 Deprivation of Liberty Safeguards

Guiding principles The Human Rights Act 1998 Rights to life, liberty, respect for privacy and family life The Mental Capacity Act 2005 Principles in decision-making for those who cannot make decisions themselves- Involving Consulting Looking for the least restrictive alternative The Equality Act 2010

Residence disputes “If the State is to justify removing children from their parents or vulnerable adults from their relatives, partners, friends or carers it can only be on the basis that the State is going to provide a better quality of care than that which they have hitherto been receiving”

Recent Cases JE v DE and others G v E and others Hillingdon v Neary

Closing comments “… This right to freedom is a fundamental constitutional right…..Decisions about incapacitated people must always be determined by their best interests but the starting point is their right to respect for family life where it exists”