Mental Capacity Act for Carers - Cambridgeshire County Council

January 6, 2018 | Author: Anonymous | Category: Social Science, Political Science, Civics
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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  ldselect/ldmentalcap/139/13904.htm

Government response Valuing every voice, respecting every right: Making the case for the Mental Capacity Act  /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 achment_data/file/300106/DH_Note_re_Supreme_Court_D oLS_Judgment.pdf  Care Quality Commission _court_judgment_on_deprivation_of_liberty_briefing_v2.pdf  Association of Directors of Adult Social Services 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


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?


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


Decision CQC


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

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