Jonathan Wilson, 'Safeguards against What? A critical analysis of the Deprivation of Liberty Safeguards' (LLM dissertation, 28/8/13)
Critical analysis of DOLS This dissertation considers the meaning of ‘deprivation of liberty’ in the context of the Deprivation of Liberty Safeguards (DoLS) which were implemented in April 2009 to bridge the ‘Bournewood gap’. This was a gap in the law confirmed by the European Court of Human Rights (ECtHR) in October 2002, whereby people lacking capacity were accommodated in situations amounting to deprivation of liberty without sufficient legal safeguards. The dissertation will discuss a fundamental problem with the DoLS, namely that ‘deprivation of liberty’ is nowhere defined: it means what it means in Article 5(1) of the European Convention on Human Rights (ECHR), in other words, it means what the courts consider it to mean on a case-by-case basis.