Mental Capacity & Liberty protection safeguards

The legal liabilities that flow from non-compliance with the Mental Capacity Act (MCA) are significant. Individuals and organisations can be the subject of criminal and civil sanction, should they not toe the line. 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.

Compliance with the MCA is patchy across the sector.  The deficit is in spite of the fact that the provisions of the MCA are mandatory, not an optional bolt-on to existing practice. More than ever, providers need lawyers who not only know the MCA inside out but understand the health and social care sector as a whole.

The Mental Capacity (Amendment Bill) will replace the Deprivation of Liberty Safeguard system (a scheme that has always been met with confusion and often incorrect application in the sector).  The new Liberty Protection Safeguards will place new responsibilities on registered care home managers and more than ever, providers need lawyers who understand the sector.

Services include:

  • 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.

Our specialist solicitors can advise providers on all aspects of compliance with the MCA; including the implementation of lawful policies and procedures in relation to capacity assessments, as well as advising on the need (or otherwise) to make DOLS applications in relation to particular service users.

At the sharp end of non-compliance with the MCA, Ridouts is experienced in advising providers on all fronts of its core business, including regulator enforcement and performance management. We can help you to transform the lives of service users in your care and enhancing your reputation as a centre of excellence.

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