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 …
Best interests decisions: A COVID-19 quick guide Read More »
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 …
Guidance updated on MCA and DoLS during the COVID-19 pandemic Read More »
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 …
Revised COVID-19 Emergency MCA and DoLS Guidance Read More »
The DHSC has published new emergency guidance for Care Homes, Hospitals and Supervisory Bodies on the application of The Mental Capacity Act 2005 (MCA) and Deprivation of Liberty Safeguards (DoLS) during the Coronavirus (COVID-19) pandemic. This article explains the new guidance. The recent guidance aims to assist those caring for adults who lack mental capacity, …
The Government issued emergency guidance on compliance with the Mental Capacity Act (2005) (MCA) and the Deprivation of Liberty Safeguards (DoLS) on 9 April 2020 and this guidance is applicable until it is withdrawn by Government. The fundamental principles of the MCA and DoLS still apply. If changes are required to be made to the …
It’s going to be a year of change and development in the health and social care sector. So what should providers look out for and how will these changes impact their businesses? CQC report on restraint and segregation In May 2019 CQC published its interim report on the review of restraint, seclusion and segregation across …
2020 Vision: What’s on the horizon for health and social care providers? Read More »
Promoting and safeguarding a person’s autonomy is a fundamental right, which is entrenched in national/international legal systems. Therefore, to infringe on such rights it is imperative that great consideration and thought is given to developing legislation which protect such rights. The Mental Capacity (Amendment) Bill (“Proposed Bill”), will replace the Deprivation of Liberty Safeguards (“DoLS”) in …
In March, the Law Commission delivered its final recommendations on reforming the Deprivation of Liberty Safeguards (DoLs) system. This came after the Commission concluded the current system was “in crisis” and needed to be replaced “as a matter of pressing urgency”. The name being suggested for the reformed system is “Liberty Protection Safeguards”. Understandably, providers …
Ridout Report – An introduction to the ‘Liberty Protection Safeguards’ – the new DoLs Read More »
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