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Mental Capacity and Liberty Protection Safeguards

The legal liabilities that flow from non-compliance with the Mental Capacity Act (“MCA”) are significant. The provisions of the MCA are mandatory. Individuals and organisations can be the subject of criminal and civil sanction. However, get it right and the MCA affords a high degree of legal protection to carers and providers, while at the same time ensuring the rights of incapacitated adults are upheld.

The Mental Capacity (Amendment) Act 2019 is due to come into force on 1 April 2022 and will replace the Deprivation of Liberty Safeguard system (a scheme that has always been met with confusion and often incorrect application in the sector) with the Liberty Protection Safeguards.

Ridouts can help you by:

  • advising providers on all aspects of compliance with the MCA; including:
  • putting in place lawful policies and procedures in relation to capacity assessments and best interests’ decision-making;
  • advising on the need (or otherwise) to make DOLS/LPS decisions in relation to particular service users.

Testimonials




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You feel that you get both legal advice and consultancy, borne out of many years of dealing with regulators.



Caroline came back to me immediately with a high quality, considered response.



I was immediately impressed with Jenny’s knowledge in legal matters and how care homes work at a business level


I went to their symposium – it was a big investment of time – but it was wonderful – I learnt a lot and like the way they spoke – easy to understand, clear, friendly – I would definitely use them if I needed to – and would absolutely recommend them



I know for a fact that the CQC fear Ridouts – they know you are taking it seriously if you work with Ridouts.



I got through to Paul immediately and he told me what to do there and then; I didn’t realise how limited the Local Authority’s powers were.
After months and months of delays with our CQC Registrations I brought in Paul and Laura. Their combined calm, reassuring and very professional approach gave me sustenance and hope and within less than two weeks of working on our behalf, our Registrations were confirmed.

A superlative job – Thank You seems insufficient.
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News and Articles

Further update in relation to the implementation of the Liberty Protection Safeguards
An Update in Relation to the Implementation of the Liberty Protection Safeguards
Further Delays to the Implementation of the Liberty Protection Safeguards
Visiting care homes during COVID-19
End of year Review of CQC developments
LPS update: The removal of the Care Home Manager role & the draft regulations

Ridouts is a team of specialist health and social care lawyers, providing dedicated legal advice for care homes, GP practices, children’s homes, dental practices, domiciliary and home care agencies, supported and independent living services and both private and NHS hospitals.

info@ridout-law.com     •     +44 (0) 207 317 0340   
7-10 Chandos Street, W1G 9DQ, London

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