Tim Spencer-Lane
Tim is a lawyer who specialises in mental capacity, mental health and social care law. At the Law Commission he led the reviews of the deprivation of liberty safeguards, health and social care professional regulation, and adult social care. He now works for the Government Legal Department (Department of Health and Social Care) where he advises on mental capacity and mental health law. Tim is the author of the /Care Act Manual/ (third edition 2019, Sweet and Maxwell) and co-author of /the Approved Mental Health Professional Practice Handbook/ (2020, Policy Press). He is also a General Editor of the Encyclopedia of Social Services and Child Care Law, a contributor to Cross on Local Government and legal editor of Community Care Inform. Tim also is a guest lecturer at Kingston University where he teaches on the best interests assessor, and adult safeguarding modules.
Practice Area
Panels
- Consulting Editorial Board
- Contributing Author
- Q&A Panel
5 Contributions by Tim Spencer-Lane
PRACTICE NOTES
Children’s deprivation of liberty: inherent jurisdiction, secure accommodation, and authorising unregistered or unregulated placements – practice and procedure (England and Wales)
The use of the inherent jurisdiction of the High Court to authorise the deprivation of liberty of children and young people has been growing in recent years.
This trend covers looked-after children where the character of the care arrangements amounts to a deprivation of liberty, and scenarios in which a secure accommodation placement is required but no places are available, so deprivation of liberty must occur in a different placement. Article 5(1) of the European Convention on Human Rights (ECHR) states that nobody shall be deprived of liberty except:
in specified categories (for example, ‘persons of unsound mind’), and
following a procedure prescribed by law
See Practice Note: The deprivation of liberty safeguards—Deprivation of liberty...
Local Government
PRACTICE NOTES
Children’s deprivation of liberty: parental and local authority consent, Gillick competence, MCA 2005 and Article 5—court authorisation post Re D (England and Wales)
This Practice Note reviews recent judgments in which the courts have examined whether a parent may authorise their child’s confinement which, in the absence of valid consent, would otherwise amount to a deprivation of liberty.
What is deprivation of liberty?
Article 5 of the European Convention on Human Rights (ECHR) safeguards the right to personal liberty and provides that no person should be deprived of that liberty in an arbitrary manner. The protection under Article 5 of the ECHR applies to people of every age. Article 5(1)(e) permits, among others, the lawful detention of 'persons of unsound mind' and minors for the purpose of educational supervision, in accordance with a procedure laid down by law. Article 5 also requires specified safeguards for anyone deprived of their liberty, including the right of access to speedy judicial proceedings to challenge the lawfulness of the detention. Accordingly, identifying precisely when a deprivation of liberty arises is of critical importance...
Local Government
PRACTICE NOTES
Deciding between the Mental Health Act 1983 and Mental Capacity Act 2005 for admission, treatment, deprivation of liberty (DOLS) and community powers in England and Wales
In England and Wales, non-consensual care and treatment for individuals with a mental disorder sit within two parallel legal frameworks: the Mental Health Act 1983 (MeHA 1983) and the Mental Capacity Act 2005 (MCA 2005). Their provisions frequently intersect, and navigating their interplay can be highly intricate. This Practice Note considers four key points at which the Acts meet:
inpatient care and treatment
informal admission
deprivation of liberty in hospital
community powers of MeHA 1983
While MeHA 1983 has no lower age threshold, MCA 2005 applies only from age 16. Accordingly, the interface arises solely for those aged 16 and above. This Note does not cover the position of children under 16. For guidance on deprivation of liberty concerning children, see Practice Notes: Children, deprivation of liberty and the inherent jurisdiction and Children, consent and deprivation of liberty.
The scope of the Mental Health Act 1983 and the Mental Capacity Act 2005
In broad outline, MeHA 1983 chiefly provides for the detention and treatment of people in hospital for mental disorder, grounded in the protection of the individual and the wider public...
Local Government
PRACTICE NOTES
Private deprivation of liberty: Article 5 ECHR, state imputability, positive duties, case law, and authorisation routes (DoLS, Court of Protection, LPS) in England and Wales
This Practice Note examines the notion of ‘private’ deprivations of liberty for the purposes of Article 5 of the European Convention on Human Rights (ECHR), in relation to people who lack material decision-making capacity. A private deprivation of liberty arises where the relevant care or treatment is not directly commissioned or paid for by the state but by private individuals—for example, where the person’s family arranges support and meets the costs from the person’s own resources or family funds.
A private deprivation of liberty could occur in:
a hospital or care home (for instance, the person or their family securing and funding a private placement without any involvement from a public authority)
supported living or ‘shared lives’ accommodation (sometimes called adult placements)
domestic settings (where the person resides in a family home or lives alone in ordinary, non-specialist housing)
What is deprivation of liberty?
Article 5 of the ECHR protects the right to personal liberty and stipulates that no one should be deprived of liberty in an arbitrary manner. Article 5(1)(e) permits the lawful detention of, among...
Local Government
PRECEDENTS
Deprivation of Liberty (DoLS) under the Mental Capacity Act 2005: Customisable training materials on definition, case law and authorisation in hospitals, care homes and community settings (England and Wales)
These training resources comprise PowerPoint templates that serve as the foundation for single or multiple seminars on matters connected with deprivation of liberty and associated issues. Trainers are expected to treat the slides as a useful launch point for their talks, adapting and revising them to suit their own contexts and particular requirements as necessary. The training materials are customisable. Use the link below to obtain the PowerPoint deck provided for download now.
Contents
what is deprivation of liberty?
...
Local Government
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