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Mental capacity and deprivation of liberty: summary
- Author:
- LAW COMMISSION
- Publisher:
- Law Commission
- Publication year:
- 2017
- Pagination:
- 29
- Place of publication:
- London
Summary of the Law Commission's final report into the review of the Mental Capacity and Deprivation of Liberty Safeguards (DoLS), which considered how the law should protect people who need to be deprived of their liberty in order to receive care or treatment and lack the capacity to consent to this. The review proposes that the DoLS should be replaced by a new scheme, the Liberty Protection Safeguards. This summary provides an overview of the recommendations and the case for reform. It outlines how the new system would operate, with a detailed explanation of some of the key aspects of the new scheme, including its scope, who they would apply to, and conditions for authorisation. (Edited publisher abstract)
Acting for vulnerable adults
- Author:
- TORJESEN Ingrid
- Journal article citation:
- Nursing Times, 8.7.08, 2008, pp.18-19.
- Publisher:
- Nursing Times
Eight years ago the guidance 'No Secrets' sought to address shortfalls in the care of vulnerable adults. This article examines how nurses are now taking action to protect this client group.
Excluded from citizenship? People with mental health vulnerabilities and the civil justice system in Scotland (Part 2)
- Author:
- PATRICK Hilary
- Journal article citation:
- SCOLAG Journal, 364, February 2008, pp.29-31.
- Publisher:
- ScoLAG(Scottish Legal Action Group)
This article considers the progress made by the Scottish Executive in reforming the court system to better meet the needs of people with mental vulnerability, in particular through the Vulnerable Witnesses (Scotland) Act 2004.
The lessons of experience: the Adult (Support and Protection) Act reforms to Scottish incapacity and mental health legislation
- Author:
- PATRICK Hilary
- Journal article citation:
- SCOLAG Journal, 360, October 2007, pp.222-225.
- Publisher:
- ScoLAG(Scottish Legal Action Group)
The Adult (Support and Protection) (Scotland) Act 2007 has made significant changes to the Adults with Incapacity (Scotland) Act 2000 and some drafting improvements to the Mental Health (Care and Treatment) (Scotland) Act 2003. This article outlines the changes. It highlights recognition of advocacy, powers of attorney, changes to intervention orders, guardianship, access to funds and changes to Mental Health (Care and Treatment) Act.
A very capable act
- Author:
- RICHARDS Steven
- Journal article citation:
- Community Care, 22.03.07, 2007, pp.30-31.
- Publisher:
- Reed Business Information
This article summaries the Mental Capacity Act 2005 and its effects upon the social care sector. The article looks at the Act in terms of the three main areas of: protection of service users, protection for staff, and power.
Decision time
- Author:
- LEASON Katie
- Journal article citation:
- Community Care, 5.05.05, 2005, pp.28-29.
- Publisher:
- Reed Business Information
The Mental Capacity Act 2005 should ensure that all people are able to make their own choices unless proven otherwise. Looks at the need for professionals to adjust quickly to the new provisions. Also looks at the role of the new independent mental capacity advocates.
People and places in London most vulnerable to COVID-19 and its social and economic consequences
- Authors:
- KENWAY Peter, et al
- Publisher:
- New Policy Institute
- Publication year:
- 2020
- Pagination:
- 82
- Place of publication:
- London
This report identifies groups of people whose socio-economic status puts them at higher risk of either catching COVID-19 or passing it on, experiencing harm to their health and wellbeing during lockdown; or experiencing harm as both lockdown and the emergency measures introduced to alleviate it, are lifted. The report is divided into four sections, looking at people and households who face higher risks as a result of: COVID-19 itself and the wider pandemic; the economic recession; housing insecurity; and having pre-existing additional support needs. Built around a set of statistical indicators, the report offers a picture of the scale of vulnerability and how it varies across London boroughs. Half the indicators show the background (pre-pandemic) position and half show how things have changed since March 2020. Four of the 29 indicators are restricted to London (or London subregions) while one is national. The report’s main message is that the vulnerabilities flowing from the pandemic and the accompanying recession affect more and different people than those who are usually seen as vulnerable. While the need to protect older people from the virus remains paramount, the report concludes that the pandemic and recession should be seen as a crisis for people of working-age, especially those in the 20s, 30s and 40s, and their children. (Edited publisher abstract)
Protected by design: new fraud protections for people at risk
- Authors:
- GLOAG Andrew, MACKENZIE Polly, ATAY Asli
- Publisher:
- DEMOS
- Publication year:
- 2019
- Pagination:
- 67
- Place of publication:
- London
This report looks at the needs of people with a health condition that affects their cognitive abilities and their capacity to make decisions without support. Based on survey analysis, the report presents evidence that adults with cognitive impairment, such as acquired brain injury, learning disabilities or dementia, are more likely to experience financial abuse and be targeted by fraud. It analyses the current policy debate about the nature of vulnerability in the context of financial services, and makes the case that those with limited or fluctuating capacity should be legally entitled to additional protection or support under the terms of both the Equality Act and Mental Capacity Act. The report also details the increased reliance of people with cognitive impairments on friends, family and carers to help them deal with their finances. It analyses both the ways in which these carers could be helpful and harmful in the fight against fraud. It recommends a number of measures that could better protect at risk people from fraud and financial abuse. (Edited publisher abstract)
Mental capacity and deprivation of liberty
- Author:
- LAW COMMISSION
- Publisher:
- Stationery Office
- Publication year:
- 2017
- Pagination:
- vii, 259
- Place of publication:
- London
Final report from the Law Commission's review of the Mental Capacity and Deprivation of Liberty Safeguards (DoLS), which considered how the law should protect people who need to be deprived of their liberty in order to receive care or treatment and lack the capacity to consent. The review found that DoLS were overly technical and legalistic, often failed to achieve any positive outcomes for the person concerned or their family, and could not deal with the increased numbers of people considered to be deprived of their liberty following the Cheshire West ruling. The report provides recommendations for the reform of the legal framework and proposes that the DoLS should be replaced by a new scheme, the Liberty Protection Safeguards. The proposed scheme would cover a broader group of people, including any setting that might give rise to a deprivation of liberty and would also cover 16 and 17-year-olds. A draft Bill attached to the report provides details of the new scheme. The draft Bill also includes amendments to other parts of the Mental Capacity Act to provide increased protection for people whose rights to respect for their private and family life and their home, whether or not they risk being deprived of their liberty. The Law Commission also recommended that the Liberty Protection Safeguards should be accompanied by the publication of a new Code of Practice covering all aspects of the Mental Capacity Act. An impact assessment and a summary of the report are published alongside the final report. (Edited publisher abstract)
Guide to the Mental Capacity Act 2005: Part 1
- Authors:
- CURRAN Christopher, GRIMSHAW Catherine
- Journal article citation:
- Openmind, 138, March/April 2006, pp.24-25.
- Publisher:
- MIND
This article provides an overview of the Mental Capacity Act which received Royal Assent on 7 April 2005. It covers England and Wales, and provides a statutory framework for decision-making on behalf of adults who cannot take decisions for themselves because of incapacity, either temporary or permanent. It also provides guidance for adults who wish to plan for the future in event that they lose their capacity to act.