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Briefing on the Law Commission mental capacity and deprivation of liberty report
- Author:
- GARWOOD Sue
- Publisher:
- Housing Learning and Improvement Network
- Publication year:
- 2017
- Pagination:
- 4
- Place of publication:
- London
This briefing is based on the Law Commission's report ‘Mental Capacity and Deprivation of Liberty’ and provides an ‘at a glance’ look at the key proposals for amending the Mental Capacity Act and replacing the Deprivation of Liberty Safeguards. If enacted, these proposals will apply to the housing as well as health and social care sectors. The proposed changes to the Act include: change from a passive duty to consider the wishes and feelings of the individual to an active duty to ascertain wishes, feelings, beliefs and values and give them particular weight when determining best interests; additional limitations to s5 protection of paid staff in relation to serious interference with the autonomy of the person; and a proposal to give the Secretary of State and Welsh Ministers the power to develop regulations which introduce a supported decision making scheme to support people making decisions about their welfare or property and affairs. In addition, the report calls for the introduction of Liberty Protection Safeguards, comprising: assessment of capacity to agree to arrangements, making allowance for fluctuating capacity; assessment to ascertain if person is of ‘unsound mind’ – medical assessment; and assessment to ascertain if arrangements are necessary and proportionate to prevent harm to self or others (replaces best interests assessment). (Edited publisher abstract)
Any the wiser? Deprivation of Liberty in housing
- Author:
- GARWOOD Sue
- Publisher:
- Housing Learning and Improvement Network
- Publication year:
- 2015
- Pagination:
- 5
- Place of publication:
- London
Outlines key issues around deprivation of liberty in housing settings and presents the author’s viewpoint in relation to: tenancy rights and deprivation of liberty; point at which an incapacity to consent may trigger a potential DoL in supported housing; local authorities’ responsibilities; and wellbeing, human rights and best interests. (Edited publisher abstract)
Care and support in housing with care for older people: policy technical brief
- Author:
- GARWOOD Sue
- Publisher:
- Housing Learning and Improvement Network
- Publication year:
- 2016
- Pagination:
- 31
- Place of publication:
- London
- Edition:
- Rev. ed.
This paper outlines key policy changes of relevance to care and support as they are commissioned, funded, regulated, configured and delivered in housing with care settings for older people. Sections briefing cover: what is meant by housing with care; the impact of the Care Act 2014; changes to commissioning, procurement and funding; charging; safeguarding; mental capacity and housing with care, which highlights the implications of the Care Act 2014, Mental Capacity Act and DOLs; and care registration. The briefing paper is one of a set of three documents published by Housing LIN providing information on care and support in housing with care for older people. It updates and supplements some of their previous technical briefings. The October 2015 version of this Policy Technical Brief was updated in April 2016 to reflect the revised Care Act Guidance and CQC Guidance on registration of care in housing with care settings. (Edited publisher abstract)