DOLS - History
When Dave Sheppard retired in 2020 he kindly gave me permission to publish the contents of his website (originally named after his firm, "Dave Sheppard Associates", then called "MHAandMCA"). It is a treasure trove. I've not had time to prepare everything for publication but have put the main headings online: let me know if you would like a copy of anything listed.
L v Bournewood Community and Mental Health NHS Trust was heard in the High Court in October 1997. Judgment was given in the Court of Appeal in December 1997. A diary was kept by Mrs E. The NHS Executive issued guidance in 1997 and 1998 .
The appeal by Bournewood was heard in the House of Lords in June 1998. The Department of Health issued (Health Service Circular 1998/122) in July 1998.
In February 1992, Mrs Helen Clark, MP introduced, and later withdrew, the Patients without Legal Capacity (Safeguards) Bill.
In March 2002, the Health Service Ombudsman published a report on their investigation of a complaint from Mr and Mrs E.
In September 2002 the European Court ruled the case admissible on Articles 5 and 14 of the European Convention on Human Rights. The hearing took place in May 2003. The European Court decided in October 2004 that Article 5 had been violated (see also ECHR Press release). Guidance was issued by the Mental Health Act Commission, Royal College of Psychiatrists Old Age Faculty , Hempsons, Bevan Ashford, Morgan Cole, Belinda Schwehr, and Radcliffes.
In December 2004, the Department of Health issued interim guidance . In February 2005, the Faculty for the Psychiatry of Old Age of the Royal College of Psychiatrists updated their guidance.
In March 2005, the Department of Health issued a consultation document . The Mental Health Act Commission, Royal College of Psychiatrists, Law Society, Age Concern, British Psychological Society, British Association of Social Workers subsequently responded.
In June 2006, the Department of Health issued a written ministerial statement; report of consultation and briefing sheet .
In November 2006 the Department of Health published the Mental Health Bill and: Mental Capacity Act 2005 as it will be amended by the Mental Health Bill as well as Bournewood safeguards .
Also the Bournewood safeguards - draft illustrative Code of Practice guidance . as well as Bournewood safeguards - easy read version.
In December 2006 the Department of Health produced a powerpoint briefing on the Bournewood safeguards.
In January 2007 the Department of Health published:
Draft Mental Capacity (Deprivation of Liberty: Appointment of Relevant Person's Representative and Assessment) Regulations 2007
Draft Mental Capacity (Deprivation of Liberty: Eligibility and Selection of Assessors) Regulations 2007
Mental Health Bill: Bournewood Regulations on the Ordinary Residence of a Person - Statement of Intent
In March 2007, the Department of Health published a revised Bournewood briefing sheet.
Deprivation or restriction of liberty - the opinion of Richard Jones, Mental Capacity Act Manual, July 2007
In September 2007, the Ministry of Justice and Department of Health published the:
Deprivation of Liberty Safeguards consultation
Draft addendum to the Mental Capacity Act code of practice
The assessment regulations
The representative regulations
Summary of questions
In November 2007, the Department of Health announced that the Deprivation of Liberty safeguards would not be introduced until April 2009 . They also published an updated briefing sheet.
In February 2008, the Department of Health published Deprivation of Liberty Safeguards: Frequently Asked Questions.
In March 2008, the Department of Health published a letter and draft proposals re training of best interest assessors. The Joint Committee on Human Rights published their Scrutiny of Mental Health Legislation: Follow Up - Sixteenth Report of Session 2007-08
In April 2008, the Department of Health published a letter and details of the Deprivation of Liberty Safeguards Implementation Tool.
In May 2008, the Department of Health published the:
Impact Assessment of the Mental Capacity Act 2005 deprivation of liberty safeguards
The Mental Capacity (Deprivation of Liberty: Appointment of Relevant Persons Representative)
Regulations 2008 and Explanatory memorandum
The Mental Capacity (Deprivation of Liberty: Standard Authorisations, Assessments and Ordinary Residence) DRAFT Regulations 2008 and Explanatory memorandum
Who can be a mental health assessor and their training
Who can be a best interests assessor and their training
In June 2008, the Department of Health and Ministry of Justice published the:
Response to Consultation;
Code of Practice to supplement the main Mental Capacity Act Code of Practice
(Cases referred to in Chapter 2: LLBC v TG; Nielsen v Denmark; HM v Switzerland; JE & DE v Surrey CC; HL v UK ; Storck v Germany)
Explanatory memorandum to the Deprivation of Liberty Safeguards Supplement to the Mental Capacity Act 2005 Code of Practice
In July 2008 the Mental Capacity (Deprivation of Liberty: Standard Authorisations, Assessments and Ordinary Residence) Regulations 2008 and Explanatory memorandum were published. A revised version of Who can be a mental health assessor and their training was published.
In August 2008, the Department of Health published a revised Who can be a best interests assessor and their training and DOLS News . The final version of the Deprivation of Liberty safeguards Code of Practice was published.
DSA archive