At Ramsdens Solicitors, our specialist Court of Protection: Health & Welfare team helps individuals and their families, advocates or RPRs challenge Deprivation of Liberty Safeguards (DoLS) authorisations and bring S21A objections. We support clients who are deprived of their liberty or believe that their current care arrangements are unlawful, or not in their best interests, to make an application to the Court of Protection.
What is a DoLS/s21A?
DoLS are legal protections under the Mental Capacity Act 2005 that ensure any restriction on someone’s liberty (for example, in a care home or hospital) is lawful, necessary and in their best interests.
Under s21A of the Mental Capacity Act, those who are subject to a DoLS Standard Authorisation and who are objecting to their placement or deprivation of liberty can apply to the Court of Protection.
When you may need a s21A challenge
If a person:
- Is being deprived of their liberty under DoLS; and
- Objects to their current placement, residence or arrangements; or
- Believes that less restrictive options were not considered, or the conditions are unfair or not in their best interests,
A s21A challenge may be appropriate.
How we can help
Our specialist solicitors have significant expertise with DoLS, s21A proceedings, capacity assessments and best interests decisions. We provide clear, sensitive advice to clients who may be vulnerable, elderly or lack capacity, or those who are concerned about a relative in such a situation.
We ensure that rights to autonomy, dignity and liberty are respected by involving that person in proceedings as much as they wish, and obtaining their wishes and feelings to provide to the Court.
Ramsdens Solicitors also has two Accredited Legal Representatives, Jill McCurdy and Hanna Whitehead, which allows us to represent P efficiently and compassionately without the need to instruct the Official Solicitor.
