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Article
Publication date: 14 August 2017

Tim Spencer-Lane

The purpose of this paper is to provide a brief overview of the Law Commission’s final report and recommendations on the reform of the deprivation of liberty safeguards…

Abstract

Purpose

The purpose of this paper is to provide a brief overview of the Law Commission’s final report and recommendations on the reform of the deprivation of liberty safeguards under the Mental Capacity Act.

Design/methodology/approach

Summary of main report.

Findings

The proposals contained in the Law Commision Review and proposals for law reform are outlined.

Originality/value

This is a summary.

Details

The Journal of Adult Protection, vol. 19 no. 4
Type: Research Article
ISSN: 1466-8203

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Article
Publication date: 20 October 2010

Tim Lane

Abstract

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Social Care and Neurodisability, vol. 1 no. 3
Type: Research Article
ISSN: 2042-0919

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Abstract

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Industrial Management & Data Systems, vol. 100 no. 6
Type: Research Article
ISSN: 0263-5577

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Article
Publication date: 23 February 2010

Tim Spencer‐Lane

This article discusses the Law Commission's proposals for the reform of adult social care, with a particular emphasis on the specific proposals relating to adult…

Abstract

This article discusses the Law Commission's proposals for the reform of adult social care, with a particular emphasis on the specific proposals relating to adult protection. It argues that a future adult social care statute should clarify the existing legal position by placing a duty on local social services authorities to make enquiries and take appropriate action in adult protection cases. The definition of an adult at risk for the purposes of the duty to investigate is also considered and a proposal is put forward for how this might be defined in the statute. The article also proposes that the compulsory removal power under section 47 of the National Assistance Act 1948 (HM Government, 1948) should be repealed, that adult safeguarding boards should be placed on a statutory footing and that duties to co‐operate in adult protection should be introduced. Finally, concerns are raised that the current lack of statutory provision for adult protection may mean that there is confusion over the precise legal status of the guidance No Secrets (Department of Health & Home Office, 2000) and In Safe Hands (Welsh Assembly Government, 2000) and what actions this can authorise.

Details

The Journal of Adult Protection, vol. 12 no. 1
Type: Research Article
ISSN: 1466-8203

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Article
Publication date: 12 October 2015

Tim Spencer-Lane

The purpose of this paper is to introduce the readership to the consultation being held by the Law Commission concerning proposed revisions to the Deprivation of Liberty…

Abstract

Purpose

The purpose of this paper is to introduce the readership to the consultation being held by the Law Commission concerning proposed revisions to the Deprivation of Liberty Safeguards (DoLS).

Design/methodology/approach

Discussion of the consultation being held by the Law Commission concerning proposed revisions to the DoLS.

Findings

These are as yet unknown as the consultation period is ongoing – it is planned that a future paper will examine the findings and recommendations from the consultation process.

Practical implications

There has been criticism of the DoLS since their introduction in 2009. A new scheme provides the opportunity to respond to some of the criticisms and to develop more appropriate processes. The paper invites readers to take part in the consultation process and to respond to the proposals that have been developed.

Social implications

A new and more appropriate scheme would be beneficial for service users and families/caregivers.

Originality/value

This is the first opportunity for a revision to the DoLS scheme and introduction of the proposed scheme and the consultation process to the readership is highly appropriate and valuable to the Journal.

Details

The Journal of Adult Protection, vol. 17 no. 5
Type: Research Article
ISSN: 1466-8203

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Article
Publication date: 2 December 2014

Tim Spencer-Lane

– The purpose of this paper is to summarise the Law Commissions’ final report and draft Bill on the regulation of health and social care professionals.

Abstract

Purpose

The purpose of this paper is to summarise the Law Commissions’ final report and draft Bill on the regulation of health and social care professionals.

Design/methodology/approach

To summarise the key recommendations that are relevant to adult safeguarding.

Findings

The final report concludes that new legislation is needed to govern the UK regulators of health and social care professionals.

Originality/value

The paper sets out the recommended new legal framework.

Details

The Journal of Adult Protection, vol. 16 no. 6
Type: Research Article
ISSN: 1466-8203

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Article
Publication date: 28 September 2012

Tim Spencer‐Lane

The purpose of this paper is to set out the Law Commission's proposals for the reform of the law relating to UK health professional regulation and, in England only, social workers.

Abstract

Purpose

The purpose of this paper is to set out the Law Commission's proposals for the reform of the law relating to UK health professional regulation and, in England only, social workers.

Design/methodology/approach

The paper summarises the main provisional proposals from the consultation paper.

Findings

The consultation paper argued for the reform of the law in this area.

Practical implications

There are suggestions for reforming the law which could form the basis of a new legal framework introduced in 2014.

Originality/value

The paper sets out the proposed new legal framework.

Details

The Journal of Adult Protection, vol. 14 no. 5
Type: Research Article
ISSN: 1466-8203

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Article
Publication date: 10 October 2011

Tim Spencer‐Lane

The purpose of this paper is to set out the Law Commission's final recommendations for the reform of adult social care, with a particular emphasis on the recommendations…

Abstract

Purpose

The purpose of this paper is to set out the Law Commission's final recommendations for the reform of adult social care, with a particular emphasis on the recommendations for a new legal framework for adult safeguarding in England and Wales.

Design/methodology/approach

The paper discusses each of the Law Commission's recommendations for adult safeguarding and contrasts them with the proposals put forward at the consultation phase of the review.

Findings

The paper argues that a single legal framework for adult social care, including adult safeguarding, with have substantial benefits in terms of legal clarity, consistency and efficiency.

Social implications

A clear and single legal framework is important for older and disabled people, and their carers, in order to understand fully their entitlements, and for local authorities and partnership agencies (such as the NHS and the police) in order to understand fully their responsibilities.

Originality/value

The paper provides a clear summary of the Law Commission's final report – in particular the recommendations for adult safeguarding.

Details

The Journal of Adult Protection, vol. 13 no. 5
Type: Research Article
ISSN: 1466-8203

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Article
Publication date: 28 April 2010

Abstract

Details

Social Care and Neurodisability, vol. 1 no. 1
Type: Research Article
ISSN: 2042-0919

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Article
Publication date: 17 November 2011

Tim Spencer‐Lane

This paper seeks to set out the Law Commission's final recommendations for the reform of adult social care, including the community care assessment process, service…

Abstract

Purpose

This paper seeks to set out the Law Commission's final recommendations for the reform of adult social care, including the community care assessment process, service provision, and the recommendations for a new legal framework for adult safeguarding in England and Wales.

Design/methodology/approach

The paper discusses each of the Law Commission's recommendations for adult social care and contrasts them with the proposals put forward at the consultation phase of the review.

Findings

The paper argues that a single legal framework for adult social care, including adult safeguarding, will have substantial benefits in terms of legal clarity, consistency, and efficiency. A clear and single legal framework is important for older and disabled people, and their carers, in order to understand fully their entitlements, and for local authorities and partnership agencies (such as the NHS and the police) in order to fully understand their responsibilities.

Originality/value

The paper provides a clear summary of the Law Commission's final report – in particular the recommendations for community care assessments and service provision and adult safeguarding.

Details

Social Care and Neurodisability, vol. 2 no. 4
Type: Research Article
ISSN: 2042-0919

Keywords

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