Code of Practice
An RPR is a vital role under the Mental Capacity Act (2005), supporting an individual’s inclusion and rights around their Deprivation of Liberties (DoLS). This role is often filled by an unpaid family-member, friend or partner. However, if a family-member, friend, or partner cannot be identified, the supervisory body is required to refer for independent advocacy to complete this role as a paid (professional) RPR.
When does care become a deprivation for a young person under 18 years of age? When is care ‘necessary’ and how do we define what counts as ‘necessary’? Are a young person’s right so different from that of an adult? These are all questions that some of us wrestle with on an almost daily basis – and yet at the same time, it is evident that in some cases, these questions are not given the attention that they deserve.
On 8th July 2022 a set of nine draft forms related to the Liberty Protection Safeguards were released via email from the Department of Health and Social Care. These are not believed to be the mandatory format going forward, but rather are designed to help guide expectations and ensure consistency.
The LPS consultation will now remain open until 14th July 2022 to allow for a greater range of responses. There are a number of resources and walkthroughs on the consultation document(s) available, including easy read versions available via the main consultation website.
In the sixth part of our series of blogs on change to the MCA Code of Practice, we turn to one of the most looked-for discussions: the Liberty Protection Safeguards (LPS).
In today’s reflection on the proposed updates to the Mental Capacity Act’s Code of Practice, we consider the protection that the Act provides. This is the overarching protection both for the individual, as well as those supporting them including friends, family and professional staff at all levels.
In the fourth part of our blog series on the proposed changes to the MCA Code of Practice, we look at Chapter 4, and the process for assessing capacity.
In the third part of our series on the MCA Code of Practice consultation, we look at executive functioning impairment and fluctuating capacity.
In the second of our blog series on the MCA Code of Practice consultation, we look at Chapters 2 and 3, including the five statutory principles and how to support people to make their own decisions.