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Best Interest Decision: Case Study

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Best Interest Decision

Objective

Lloyd has a number of restrictions which breach Article 5 (1) and Article 5(4) of ECHR as identified below.

• The front door is locked.
• Lloyd receives 1-1 support outdoors and to visit family.
• Lloyd has no sense of traffic awareness.
• Lloyd’s bedroom door is locked during the day.
• Lloyd is prescribed anti-psychotic medication of Risperidone and prn medication of Lorazepam
• Lloyd has on two occasions become violent with staff, query restraint
• Lloyd has expressed he would like his own flat.

As in the cases of Cheshire West and P & Q v Surrey CC on appeal from 2011, Lady Hale (2014) says a DOL should apply to all obligated to live in a place, where constant monitoring and also supervision outdoors …show more content…
Lloyd is central to these discussions. Health and social care records, care home records, conversations with Newlands and any social worker involved (DoLS Code 4.77). Gathering information from family to establish the difficulties experienced in caring for her son, religious beliefs and clarifying the support in place prior to admission provides a picture of why it failed (DoLS Code 4.65). It is also an opportunity to gather views on the care at Newlands and thoughts for the future.
Coulter and Collins (2012) say “No decisions about me without me”. This is validated by Lady Hale in her comments (cited in Aintree University NHS Hospital Trust v James (2013: para. 45 UKSC 67). Lloyd has an opportunity to express “his wishes and feelings as a human being” which should be considered where possible. Judgements in the cases of Westminster City Council v Sykes (2014) and the case of Wye Valley NHS Trust and Mr B (2015) are both very moving situations resulting in past and present wishes being considered, the quality of life a factor in the decision. Munby J in the case of ITW v Z and others (2009) EWHC 2525 says wishes and feelings will always be case and fact …show more content…
Although Mrs Smith has indicated she is considering her son returning home and Lloyd would like a flat, this is a care management issue which the social worker needs to resolve.

Subjective

From the presenting evidence, Lloyd is deprived of his liberty and meets the Acid Test of Lady Hale (2014). Lloyd is “not free to leave” and is “under continuous supervision and control” Lloyd lacks mental capacity to consent to the Deprivation of Liberty Safeguards and has met the objective and subjective element required.

Imputable to the State

The Local Authority funds the placement. The Care Act (2014) states “Section 73 makes it explicit that care providers regulated by the Care Quality Commission in England are bound by the Human Rights Act when providing care and support”. (LGA 2014: p

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