LPA certificate provider responsibilities
According to government guidance, an LPA certificate provider is an impartial person who confirms that the person completing the LPA understands what they are doing…
Comment on legislation, case law, and relevant stories relating to Mental Capacity and the care of vulnerable people.
According to government guidance, an LPA certificate provider is an impartial person who confirms that the person completing the LPA understands what they are doing…
STEP is a global professional body comprising lawyers, accountants and other professionals who help families plan for the future. It has recently published a research…
NHS Digital has published national statistics for DoLS cases for the period April 2022 to March 2023. The report reveals that:
If an adult in care can only select from a limited number of closed options, then do they really have what we might describe as ‘choice’?
Lucy Series argues that in many ways, we have come on a long way from the outmoded restrictive institutions of old. However, there are many new modern-age deprivations that have risen in their place. For example, many care homes will enforce a certain structure to the day in order to enable the cost-effective provision of meals, activities, and personal care support. In doing so, they are restricting natural choices and freedoms, while also enacting a system of close monitoring.
As of July 2023 there is now a new updated COP3 form (‘assessment of capacity’ for Court of Protection Submissions) available on the UK Government website. We have a growing range of blogs around this topic and area able to provide completition of Part B on referral. For a walkthrough guide of the updated document, please visit.
Consent refers to a person’s voluntary assent to a particular action, decision or interaction. There are many different types of consent. These include:
Deprivation of Liberty Safeguards (DoLS) is a vital safeguarding process designed to prevent unlawful detention and disproportionate restrictions placed on individuals. It also protects human rights and places the individual at the centre of their care, where no one size fits all.
There are several key organisations that exist to protect people’s rights with regards to the Mental Capacity Act and its application. These include the Care Quality Commission (CQC), Office of the Public Guardian (OPG) and Court of Protection (COP). However, while each of these bodies has an important role to play, we should remember that it is every person’s responsibility to raise a concern if a suspected breach of the Act has taken place.
Serious incidents such as those at Winterbourne View Hospital and Whorlton Hall are sadly not a thing of the past. Warnings have been shared from various sources regarding the lack of appropriate support for adults with learning disabilities, leaving many locked away in contravention of their Human Rights.
From the 1st January 2023, there will be a new process for applications surrounding the Court of Protection property and affairs deputyship.