A Relevant Person’s Representative (RPR) is a necessary and essential role under the Deprivation of Liberty Safeguards (DoLS). It is the role of the RPR to maintain regular contact with the relevant person who has been deprived of liberty, and represent them in all relevant matters. This can include: appealing against a DoLS authorisation, requesting a review, ensuring least restrictive practices are in place or raising a complaint.
Numerous legal cases and rulings have built on the Human Rights Act (1998), Mental Health Act (1983) and Mental Capacity Act (2005). In this blog,…
The Mental Capacity Act (2005) provides two options to help us plan for the future and provide clear documented decisions in the case of deteriorating health.…
In recent years, the Courts have recognised the growing number of areas to which Deprivation of Liberty Safeguard (DoLS) should apply, with the result being that Community Orders have been added to the DoLS process. Yet still there has been gaps where people have not had capacity to consent to their placement and care, yet not had an authorisation requested or considered.
Following an announcement by the Department of Health on Thursday 16th December 2021, the long awaited release of the Liberty Protection Safeguards has again been postponed.
I’ve been involved with the field of Mental Capacity for many years now, both as an assessor and an advocate. In this time, I’ve encountered a whole range of common errors and mistakes that come up time and time again.
These errors can have a major impact on a person’s quality of life, and ability to make decisions for themselves. Not only that, but they also leave open the risk that if the Mental Capacity decision is ever to be challenged, then it will quickly be dismissed and overruled by governing bodies such as the Court of Protection.
However, thankfully, most of these errors are easily avoidable and simple to resolve with adequate reflection, preparation and the correct training.
There is surprisingly little information available on precisely how to complete a Mental Capacity Assessment. Having attended many courses on Mental Capacity in my time, it still surprises me just how many courses fail to set out what to ask, how much to record, what information is relevant and what to do next.
We often hear the words least restrictive practice, which we often associate with physical or medical restraint. However, an often overlooked area of least restrictive practice is placement, which is more easily thought of as where someone lives and the restrictions placed upon them.
The Mental Capacity Act (2005) provides protection to any individual who is deprived of their liberties in order to safeguard their health and wellbeing. It does this by establishing that all support be the least restrictive option; that any restriction in place must be proportionate to the need of keeping the individual safe, necessary in terms of all other lesser options have been attempted multiple times and lawful. By this, it must be justifiable if needed to be defended in front of the Court of Protection.
Equal access for all has been a standing call for social inclusion and disability rights activists for many years. Ramps have been custom built for venues, alternate access routes established, consideration of visual distinguishment on steps for those who are visually impaired added, contrast colours established on posts and lifts put in amongst many other elements to ensure everyone can physically move as freely as possible.