Deprivation of liberty remains a confusing area of law. There have been two recent developments.

In relation to 16-17 year olds, the previous judgement on "D" was overturned on appeal by Munby. It may go to the Supreme Court so may revert back. At the moment, the position is that for 16-17 year olds being deprived of their liberty and incapacitated, parents can now consent. If young people are in care, legal advice should still be sought. D was accommodated but young people on care orders presumably will still have to go to the Court of Protection.

The other development is a further delay to the new scheme. We already knew nothing was happening legislatively until 2019 and it is now being tied in with the changes to the Mental Health Act. The review of this is due to report Autumn 2018 so we will see no substantial changes in the next couple of years. The Government is meant to be looking at ways to ease the pressures of DoLS on local authorities.