What is an appointee?
An appointee is someone who has been appointed to act on behalf of a person claiming benefits who cannot manage independently due to being ‘mentally incapable or severely impaired’.
Home » Mental Capacity in Practice »
Mental Capacity in Practice
The Mental Capacity Act in practice.
DoLS in focus: The role of the Best Interest Assessor (BIA)
The primary role of a Best Interest Assessor (BIA) is to complete the Mental Capacity Assessment and Best Interest Assessment steps within the DoLS process. These are recorded as part of Form 3.
They can also be commissioned by the Supervisory Body to complete ‘Age’ and ‘No Refusals’ steps if required.
The six key assessments for DoLS
The Code of Practice for DoLS (2008) directs that wherever possible, DoLS authorisations should be applied for in advance of a hospital or care home admission, in order to ensure that appropriate safeguards are in place from day one. As such, a DoLS application should really be made at the point where the individual is assessed prior to admittance, in order that the application be processed in time.
DoLS in focus: The role of the Supervisory Body (SB)
The role and responsibilities of the Supervisory Body are outlined in the Code of Practice for DoLS (2008). In England the SB is most commonly the Local Authority, but could also be the Primary Care Trust. Meanwhile in Wales the SB will be either the Local Health Board or Welsh Ministers.
DoLS in focus: The role of the Managing Authority (MA)
Under DoLS, the Managing Authority (MA) is the nursing/care home or hospital providing (or going to provide) care and treatment for the relevant person. The responsibilities of the MA are outlined within the Code of Practice for DoLS (2008) and expanded on through Court of Protection (CoP) case law.
These documents require that the Managing Authority carry out its responsibilities with due care and diligence, with appropriate consultation. All decisions and actions taken should be fully documented as part of professional best practice.
Deprivation of Liberty Safeguards (DoLS): key terms and roles
Legal terminology can often be confusing and hard to understand. In this blog, we explain some of the key terms and roles related to the…
New official statistics for DoLS cases, 2022-23
NHS Digital has published national statistics for DoLS cases for the period April 2022 to March 2023. The report reveals that:
- There were an estimated 300,765 requests for authorisations during 2022-23, up 11% on the previous year
- There were 289,150 authorisations completed in 2022-23, while 126,100 remain uncompleted as of the end of the year
- Of all DoLS applications, 56% of applications were not granted, mostly due to either change of circumstances, misapplication (requiring a community DoLS or Inherent Jurisdiction) or not meeting the assessment criteria
- The statutory 21-day timeframe for authorisations was only met in 19% of cases
Occupational Therapy and Mental Capacity
In Terry Pratchett’s Going Postal, we meet the main character Moist von Lipwig as he tries to dig his way out of prison using a broken spoon. Just when he thinks he’s about to reach freedom, von Lipwig discovers that it isn’t the end at all, and that someone has hidden a brand-new spoon for him inside the wall in order that he carry on digging. This is because Lord Vetinari likes to provide ‘Occupational Therapy’ to all his inmates!
While Terry Pratchett’s wonderful satire doesn’t paint Occupational Therapy (OT) in a wholly positive light, though very entertaining, it does give some small insight into the sort of ‘purposeful activity’ that can be used to aid recovery, support identity and help people maintain cognitive and physical function.
Powers of Attorney Act 2023
As of 18th September 2023, the Powers of Attorney Act has become law for England and Wales, providing a greater legislative framework and direction around Lasting Powers of Attorney and related matters.
Mental Capacity: Is choice the same as freedom?
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.