mental capacity

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 …

Further Delays to the Implementation of the Liberty Protection Safeguards Read More »

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 …

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

The CQC’s position on the use of restraint in learning disability hospitals

A report published on 22 October 2020 focuses on the use of restrictive practices and restraint in specialist hospitals which care for people with learning disabilities and/or autism.  The report is critical of both providers who deliver care to these individuals and of the commissioners of care who fail to properly intervene prior to people’s …

The CQC’s position on the use of restraint in learning disability hospitals Read More »

DHSC publish “Overview of adult social care guidance on coronavirus (COVID-19)”

On 25 August 2020 the DHSC published what might be described as a “one stop shop” guidance document called “Overview of adult social care guidance on coronavirus (COVID-19) This page provides information for adult social care providers about COVID-19 guidance and support on the areas listed below and will be updated to reflect new DHSC, NHS …

DHSC publish “Overview of adult social care guidance on coronavirus (COVID-19)” Read More »

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 …

NICE guidance on decision making and mental capacity Read More »

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 …

Best interests decisions: A COVID-19 quick guide Read More »

Can we help?