DoLS

Joint Committee Publishes Final Report On The Draft Mental Health Bill 2022

On 19 January 2023, the Joint Committee published its final report on the draft Mental Health Bill 2022. The draft Bill was introduced following the Independent Review of the Mental Health Act 1983 (“MHA”) which was chaired by Professor Sir Simon Wessely in 2018. The Review made recommendations in relation to addressing the increase in …

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An Update in Relation to the Implementation of the Liberty Protection Safeguards

In due course, the Liberty Protection Safeguards (“LPS”), introduced under Schedule 1 to the Mental Capacity (Amendment) Act 2019 (“MC(A)A 2019”) will replace the current Deprivation of Liberty Safeguards (“DoLS”) set out in the Mental Capacity Act 2005. However, before this happens there are a few hurdles to cross, as detailed below. On 10 March …

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Further Delays to the Implementation of the Liberty Protection Safeguards

The Department of Health and Social Care (“DHSC”) has announced a further delay to the public consultation on the draft regulations and draft Code of Practice for the Mental Capacity Act 2005 and the Liberty Protection Safeguards (“LPS”). The DHSC had intended to launch the consultation in the summer of 2021 but said that due …

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Government eases visiting restrictions for those lacking mental capacity

On 27 April 2021 the Department for Health and Social Care updated its guidance and additional guidance on visiting restrictions for those who lack capacity. Essentially the guidance states that face-to-face visits by professionals, for example for DoLS assessments, are an important part of the DoLS legal framework.  Such visits can occur if needed, for …

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LPS update: The removal of the Care Home Manager role & the draft regulations

On 16 July 2020, the Government announced that the Liberty Protection Safeguards (“LPS”) which were due to be implemented on 1 October 2020 would be delayed until April 2022. The Mental Capacity (Amendment) Act 2019 (“MC(A)A 2019”), introduced the LPS to replace the Deprivation of Liberty Safeguards (“DoLS”). The LPS will authorise deprivation of liberty …

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NICE guidance on decision making and mental capacity

On 11 August 2020, the National Institute for Health and Care Excellence (“NICE”) published a Quality Standard on ‘Decision making and mental capacity’ (Quality Standard [QS194]). Quality Standards are reviewed by NICE every August and have the aim of helping practitioners improve the quality of care they provide or commission. Quality Standards are endorsed by …

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Best interests decisions: A COVID-19 quick guide

The Social Care Institute for Excellence (“SCIE”) published guidance in July 2020 titled, “Best interests decisions: A COVID-19 quick guide” (“SCIE guidance”).  The SCIE guidance explains that application of the Mental Capacity Act 2005 (the “MCA”) in practice has been challenging due to the implications of COVID-19 and sets out how best interests decisions should …

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Guidance updated on MCA and DoLS during the COVID-19 pandemic

On 10 June 2020, the Department of Health and Social Care updated its guidance, ‘The Mental Capacity Act (2005) (MCA) and deprivation of liberty safeguards (DoLS) during the coronavirus (COVID-19) pandemic: additional guidance’. The guidance has been updated to include information about the right to appeal if someone is subject to emergency health powers and …

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Revised COVID-19 Emergency MCA and DoLS Guidance

Last month I wrote an article reviewing the DHSC’s emergency guidance on the application of The Mental Capacity Act 2005 (MCA) and Deprivation of Liberty Safeguards (DoLS) during the COVID-19 pandemic. As explained in my article (found here) the emergency guidance aims to assist those caring for adults who lack mental capacity when deciding on …

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