Mental Capacity Act (MCA) 2005 Deprivation of Liberty Safeguards (DOLS) 2009
Zorica Louis-Fernand MCA Training and Development Manager
2014 MCA and DOLS events House of Lords select committee MCA post legislative scrutiny report – March Supreme Court ruling on DOLS - March Government response to the MCA scrutiny committee report – June Sir Munby directions hearing Re: guidance on management of cases since SC – June Sir Munby preliminary judgment Re: guidance on management of cases since SC - August
MCA post legislative scrutiny report MCA held in high regard as a ‘visionary’ piece of legislation but 39 recommendations were made It is not widely used or understood For many professionals who should comply with the Act, it is an optional ‘add-on’ Standards against which the CQC inspect should explicitly include MCA/DOLS http://www.publications.parliament.uk/pa/ld201314/ ldselect/ldmentalcap/139/13904.htm
Government response Valuing every voice, respecting every right: Making the case for the Mental Capacity Act https://www.gov.uk/government/uploads/system /uploads/attachment_data/file/318730/cm8884valuing-every-voice.pdf Immediate actions to be taken with respect to professional training Consider the case for establishing a new independently chaired Mental Capacity Advisory Board
Supreme Court ruling on DOLS Introduced the ‘acid test’ Deprivation of liberty = P under continuous supervision and control and not free to leave Not relevant to this test: Compliance / lack of objection to the placement Relative normality of the placement Reason / purpose of the placement
DOLS useful documents Department of Health https://www.gov.uk/government/uploads/system/uploads/att achment_data/file/300106/DH_Note_re_Supreme_Court_D oLS_Judgment.pdf Care Quality Commission http://www.cqc.org.uk/sites/default/files/20140416_supreme _court_judgment_on_deprivation_of_liberty_briefing_v2.pdf Association of Directors of Adult Social Services http://www.adass.org.uk/uploadedFiles/adass_content/polic y_networks/mental_health/key_documents/ADASS%20Furt her%20Advice%20Note%20%20DoLS%20August%202014.pdf
Daunting Overwhelming Lengthy Stressful
In practice… Deprivation denial Of a person’s Liberty Human Rights
SAFEGUARDS
Article 5: Protection for security and liberty No-one shall be deprived of their liberty save according to a procedure prescribed by law Everyone deprived of their liberty shall be entitled to take proceedings
Article 8: Respect for private and family life Freedom of correspondence; Right not to be in a crowded living space; Access to fresh air and exercise; Privacy in washing and toilet; Privacy for visits; Confidentiality of medical records; Freedom from surveillance of daily life; Freedom from searches of living space and person.
MCA / DOLS Care Arrangements
authorisation Deprivation of liberty?
ECHR 5 & 8?
Best Interests?
assessments
2 key questions: Are these care arrangements in the person’s Best Interests? Is there a breach of Articles 5 and/or 8?
DOLS process
}
Is it deprivation & does the person lack capacity? Now?
Within next 28 days?
↓
↓ Issue Urgent Authorisation (for up to 7 days) may only be extended by Supervisory Body ONCE
Apply for a Standard Authorisation
AND
↓
Decision CQC
review
Joseph Yow – MCA Manager (County Lead)
[email protected] 01223 715583 Zorica Louis-Fernand – MCA Training Manager
[email protected] 01223 715491 Charanjit Panesar – DOLS administrator
[email protected] 01223 715581 Training administrators – Elly Eyers and Clare Hobbs
[email protected] 01223 699307 01223 703538
