In the first of a three-part blog series, Case Manager and Independent Best Interest Assessor Eleanor Tallon shares her thoughts on DoLS reform, and some of the issues leading to its replacement with the forthcoming Liberty Protection Safeguards (LPS).Read More »DoLS: A case for reform
The UK Government has launched an open consultation around changes to the MCA Code of Practice and implementation of the LPS. The consultation document is available for anyone to access and can be downloaded in a number of different formats, including a draft version of the new Code. Professionals are encouraged to read the document(s) as appropriate and feedback via online forms. There is no requirement to study the complete set of proposals in order to take part.Read More »Reflecting on changes to the MCA Code of Practice (Part 1)
The Local Government and Social Care Ombudsman has recently found that over 1,000 people have been unlawfully deprived of liberty due to DoLS application delays by Cheshire East Council. One case in particular was delayed by more than six years.Read More »DoLS delays: Impact on practice
The Mental Capacity Act (2005) currently applies to adults aged 18 years and above. However, as with many things, there are specific areas of exception. One of which is known as ‘Gillick Competency’ (or Gillick Competence), and the related Fraser Guidelines. These two important judgements set out rules around when a young person is deemed competent to make their own decisions without specific parental consent.Read More »Gillick Competence and the Fraser Guidelines
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.Read More »What is a Relevant Person’s Representative (RPR)?
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.Read More »Impact of LPS on supported living