Best Discrimination Solicitors in Exeter

You will be detained only for as long as you continue to meet the criteria for detention (see above). Detention under s2 will last for a maximum of 28 days. This period cannot be extended but if you are assessed as remaining unwell at the end of it, you can be assessed for detention under s3 instead. Detention under s3 lasts initially for a period of up to 6 months. It can then be renewed for a further 6 months and, after that, for periods of 12 months at a time. Detention can only be renewed if you are assessed as continuing to meet the criteria for detention. Detention under s37 follows the same pattern as s3.

Section papers are the forms that need to be filled out by the social and healthcare professionals who make the decision to detain you. If filled out correctly, these forms provide the lawful basis for detaining you in hospital. The papers must record how it has been concluded that you meet the criteria for detention in hospital and must demonstrate that the correct procedure has been followed. If the papers have not been filled out correctly, your detention may be unlawful.

The litigation friend is appointed by the court of protection to act on a persons behalf in circumstances where they are unable to conduct proceedings themselves. This is because they have been deemed to lack the capacity to conduct those proceedings and they therefore require the support and assistance of a litigation friend. Litigation friends can be friends or family members of the relevant person. They are often professionals such as independent advocate or the Official Solicitor.

There are often cases taken to the court of protection because the relevant person has expressed unhappiness or an objection to their arrangements. People have a right to have their case heard before the court in certain circumstances, often despite the wishes of the wider friends and family. This is because of certain guidelines prescribed by law. We are happy to advise on cases where this may apply.

The key thing to note is the last word; safeguards. Where someone is subject to an urgent or standard authorisation they are often referred to being "under DoLS". This is a mechanism which ensures that the person has some legal protection and a route to challenge where they are deprived of their liberty. The law currently says that someone is deprived of their liberty when: i) they are unable to give valid consent, due to a lack of capacity; ii) they are under continuous supervision and control. This means for example that their daily activities, meals, whereabouts are always monitored or led by others iii) they are not free to leave. This applies whether someone tries to physically leave or is unable to take steps to leave.