In this guest post, Lorraine takes a look at what DoLS might look like through an LPS lens

What happens now? DoLS and potential short (!) term fixes in the light of LPS delay'
Guest post by Lorraine Currie

‘Schedule AA1 is dead; long live Schedule A1’

As we reach the Coronation, the government’s decision to dust-gather LPS on the lower priority shelf of policy will please some but frustrate most. Why the human rights of hundreds of thousands of people with disability have not been prioritised is difficult to fathom. But silver linings help to mediate the pain from change of policy. So what might DoLS 2.0 look like using a non-legislative approach (aka ‘LPS’)?

Reminiscent of his decision on behalf of Manuela Sykes, DJ Eldergill has once again illustrated the aim of best interests decision-making: to try to reach the decision that the person would have made for themselves if they still had capacity to make it.

Did the minority of local authorities ease their statutory duties unnecessarily? Or did the vast majority breach theirs? Our research into co-resident carers of someone living with dementia reveals endemic legal uncertainty during the pandemic social care crisis.