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WorksheetsDOLS Ninja 2022
Total questions: 10
Worksheet time: 11mins
What x2 deficiencies did the European Court of Human Rights find in British law the case of HL v UK [2004]?
Choose TWO answers.
Lack of a clear definition of a D.O.L
Lack of a legal procedure to determine whether a person should be deprived of liberty.
Lack of respect for the Private and Family life.
Lack of ability for detained people to challenge their detention in Court.
TRUE OR FALSE? As a result of the Supreme Court's decision in "Cheshire West", people in supported accommodation who meet the Acid Test must now be detained under DOLS
True
False
If P CURRENTLY appears to be deprived of liberty, what is the statutory timescale for completing a DOLS assessment process?
7 days
10 days
21 days
28 days
When would a S39A IMCA be instructed?
If P's family disagree with the opinions of the professionals.
During the DOLS assessment process, if P has no suitable family or friends to consult with.
To support an unpaid RPR
If there is a delay in appointing a Paid RPR
What does the MCA Section 1(2) state we must do when considering capacity?
Presume that P has capacity.
Use all practicable steps to support P to make a decision.
Allow P to make an unwise decision.
Decide what is the relevant information
What is the purpose of the Mental Health Assessment?
Choose TWO answers
To determine whether DOLS or the MHA assessment should be used.
To determine whether P is of "unsound mind" to allow detention under ECHR Article 5
To determine whether P has a MCA s2 Impairment of Mind
For a Doctor to provide an opinion to the BIA on the likely impact of DOLS on P's mental health.
You are trying to determine whether a person meets the Acid Test, but it appears to be a borderline case. What did Lady Hale suggest that you should do?
Refer the matter to the Court of Protection
Conclude it is not a D.O.L
Seek advice from the Supervisory Body lead.
"Err on the side of caution" and conclude it is a D.O.L
Which guidance document should be "cited" when completing the “Proportionality” section of the Form 3?
39 Essex Street guidance on the determination of best interests.
The Law Society guidance on determining a deprivation of liberty.
The guidance from the AJ case
The LGA / ADASS tool "Promoting Less Restrictive Practice"
Which of the following factors are NOT relevant when determining P's best interests? Tick ONE answer
P's age and diagnosis
The views of family and other people interested in their welfare
P's current wishes
P's past wishes and beliefs
John is placed on a Standard Authorisation. His son James is an appropriate person to be his unpaid RPR. What support should be offered to James to undertake the RPR role?
A Section 39D IMCA
A Paid RPR
A Section 39A IMCA
Contact details for the Local Authority Legal Service.
