mental capacity act and deprivation of liberty safeguards brief updates, 24 th september 2014 david...

Mental Capacity Act and Deprivation of Liberty

Safeguards

Brief updates, 24th September 2014

David Thornicroft

St Thomas Training

www.stthomastraining.co.uk


Bernard Jordan, aged 89, June 2014

Doris Long, aged 100, May 2014

Mental Capacity Act 2005


•Should to be an “enabling” piece of legislation …•… but frequently used to prevent people from making decisions about their own lives …•… do we always do what’s best for the service user?

House of Lords Committee, March 2014, chaired by Lord Hardie

Mental Capacity Act 2005


•What changes have you made to your practice as a result of the House of Lords Report?

•Are you aware that the new CQC Provider Information Return forms contain several questions relating directly to the MCA (and to DoLS)?

“Double whammy” for DoLS?


House of Lords Select

Committee report, 13th

March 2014

Supreme Court ruling, 19th March 2014

Deprivation of Liberty


Remember: it’s illegal to deprive someone of their liberty without some form of external authorisation

For example:•Arresting/imprisoning someone for a criminal offence•Sectioning someone under the Mental Health Act

•DoLS authorisation from the local authority (registered homes and hospitals)•Direct authorisation from the Court of Protection (supported living, Shared Lives etc)

“P” (the “Cheshire West” case)

•38 years old•Cerebral Palsy & Down’s •Lives in bungalow with 2 other residents•2 staff during day, 1 waking night•Supported to go to day centre, pool, pub, clubs, mum’s house


“P” (the “Cheshire West” case) continued

•Needs prompting and help with all activities of daily living, eg •Getting around, eating, personal hygiene, continence •Habit of pulling his continence pads off and putting them in his mouth•Therefore required to wear a “body suit”


The UK Supreme Court (19th March 2014)


A person is deprived of his (her) liberty if he (she) is

“under continuous supervision and control and is not free to leave”

Changes to DoLS


•Department of Health has promised to introduce new forms by November •Law Commission will produce an interim report on the way forward by Summer 2015 …•… and a full report and recommendations by Summer 2017

What must you do NOW?


•You MUST review the care package or each service user to see whether you are depriving anyone of their liberty

•You MUST seek external authorisation if you are depriving anyone of their liberty

- Authorisation comes from the local authority DoLS team if you are a care home or hospital- Authorisation comes directly from the Court of Protection if you provide supported living or domiciliary care

For more information on the MCA and/or DoLS

•Browse our website•Call 02380 970 914 or email [email protected] for advice•Come and chat to me at my stand•We deliver training at your venue, on a date to suit you•10% discount for HCA members!


mailto:[email protected]

mental capacity act and deprivation of liberty safeguards brief updates, 24 th september 2014 david...

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