Podcast Location:
Download it here [file size: 22.5 MB]
Categories:
Clinical Negligence
Human Rights, Civil Liberties & Public Law
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This CPDcast aims to provide an overview of the Deprivation of Liberty Safeguards and the relevant Code of Practice and the possible problems that stem from them.

Outcomes:
After completing the course you will:
  • Understand the aim of the Deprivation of Liberty Safeguards;
  • Appreciate how the phrase ‘deprivation of liberty is defined;
  • Understand the role played by the case of Bournewood;
  • Understand what is said by the Code of Practice;
  • Understand the problems stemming from the ‘scale’ theory of deprivation of liberty;
  • Know when the code declares whether someone is deprived of liberty;
  • Appreciate the possible solutions to the problems pertaining to the ‘scale’ theory;
  • Understand the different philosophical views pertaining to liberty;
  • Appreciate the popularity of the safeguards;
  • Understand the possible reasons for the incorrect governmental forecasts.
Level:
Specialist Difficulty: 5 of 5
Classification:
Case Update
Legislative Updates
Sources and References:
  • ‘Deprivation of Liberty Safeguards: Code of Practice’, Department of Health 2008;
  • HL vUnited Kingdom [2004] 40 EHRR 761;
  • Bournewood v United Kingdom [2004] All ER (D) 39.
Tags:

In this CPDcast David Hewitt, a Partner at Weightmans LLP, discusses the new Deprivation of Liberty Safeguards and the rules that stem from them. He examines how these safeguards were influenced by the European Court of Human Rights case of Bournewood and the problematic elements of the Code of Practice. He also explains the different views surrounding the concept of liberty and provides a statistical analysis of the DOLs since their introduction.

Podcast added: 29/06/2010

Podcast last reviewed: 2011-07-25

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