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Mental Capacity Act 2005: deprivation of liberty safeguards: standard forms for mental health assessors
- Author:
- GREAT BRITAIN. Department of Health
- Publisher:
- Great Britain. Department of Health
- Publication year:
- 2009
- Pagination:
- 4p.
- Place of publication:
- London
This guidance is intended for people undertaking mental health assessments for the purpose of the Mental Capacity Act 2005 Deprivation of Liberty Safeguards.
Reference guide to the Mental Health Act 1983
- Author:
- GREAT BRITAIN. Department of Health
- Publisher:
- Stationery Office
- Publication year:
- 2008
- Pagination:
- 336p.
- Place of publication:
- London
The aim of this guide is to set out the main provisions of the Act and the associated secondary legislation, as they will stand at 3 November 2008 (which is when the majority of the amendments made by the Mental Health Act 2007 take effect). The reference guide replaces the Memorandum on Parts I to VI, VIII and X of the Act last published by the Department of Health and the Welsh Office in 1998 (but the reference guide is only about the Act as it applies in England).
Mental Health Bill: amending the mental Health Act 1983: Bournewood safeguards
- Author:
- GREAT BRITAIN. Department of Health
- Publisher:
- Great Britain. Department of Health
- Publication year:
- 2006
- Pagination:
- 7p.
- Place of publication:
- London
Government response to the Joint Committee on Human Rights: a life like any other? human rights of adults with learning disabilities
- Author:
- GREAT BRITAIN. Department of Health
- Publisher:
- Stationery Office
- Publication year:
- 2008
- Pagination:
- 28p.
- Place of publication:
- London
The Government introduced the Human Rights Act to make rights drawn from the European Convention on Human Rights enforceable in our domestic Courts. The Government recognises that it is often the most vulnerable in our society, such as people with learning disabilities, who have the greatest need for protection and promotion of their rights under the Human Rights Act and Disability Discrimination legislation. The Joint Committee on Human Rights published its report 'A life like any other? Human rights of adults with learning disabilities' on 6 March 2008. This memorandum sets out the Government response to the conclusions and recommendations in that report.
Deprivation of liberty safeguards: forms and record-keeping: guidance for supervisory bodies in England (Primary Care Trusts and local authorities)
- Author:
- GREAT BRITAIN. Department of Health
- Publisher:
- Great Britain. Department of Health
- Publication year:
- 2009
- Pagination:
- 171p.
- Place of publication:
- London
This guide for supervisory bodies (primary care trusts and local authorities) is intended to support planning and implementation of the Mental Capacity Act Deprivation of Liberty Safeguards. It includes and explains the deprivation of liberty safeguards standard forms, and other records that need to be completed and kept by supervisory bodies when they use these procedures.
The Ordinary Residence Disputes (Mental Capacity Act 2005) Directions 2010
- Author:
- GREAT BRITAIN. Department of Health
- Publisher:
- Great Britain. Department of Health
- Publication year:
- 2010
- Pagination:
- 3p.
- Place of publication:
- London
Directions for local authorities in England in exercising powers in relation to ordinary residence disputes under the Mental Capacity Act 2005.
The Mental Capacity Act
- Author:
- GREAT BRITAIN. Department of Health
- Publisher:
- Great Britain. Department of Health
- Publication year:
- 2008
- Pagination:
- 10p.
- Place of publication:
- London
This Local Authority Circular sets out the resources available for the year 2008-2009 for the Mental Capacity Act 2005 and provisional figures for 2009-2010 and 2010 - 2011.
Department of Health guidance: response to the Supreme Court Judgment/Deprivation of Liberty Safeguards
- Author:
- GREAT BRITAIN. Department of Health
- Publisher:
- Great Britain. Department of Health
- Publication year:
- 2015
- Pagination:
- 15
- Place of publication:
- London
Guidance on deprivation of liberty safeguards (DoLS) as a result of the Supreme Court judgment of 19 March 2014 in the case of Cheshire West. The judgment clarified that the acid test that an individual is deprived of their liberty is that they lack the capacity to consent to their care/ treatment arrangements, are under continuous supervision and control and are not free to leave. The Supreme Court also held that a deprivation of liberty can occur in community and domestic settings where the State is responsible for imposing such arrangements. The document outlines the practical implications and provides specific guidance on: intensive care and A&E; palliative care; transporting individuals; deprivation of liberty in community settings; coroners’ inquests; Best Interest Assessors operating in Wales; approach to assessing requests for DoLS authorisations where individual’s circumstances have changed; appointment of a relevant person's representative; notification of the RPR following the death of an individual; implications of the AJ’s Court of Protection judgment; and data submissions to HSCIC. (Edited publisher abstract)
Government response to the Safeguarding Power of Entry consultation
- Author:
- GREAT BRITAIN. Department of Health
- Publisher:
- Great Britain. Department of Health
- Publication year:
- 2014
- Pagination:
- 164
- Place of publication:
- London
Summarises the key findings and analysis of responses to the Government consultation on safeguarding Power of Entry, which ran between 11 July and 12 October 2012. The consultation sought views as to whether or not a specific power of entry for adult safeguarding (for a social worker and police officer to enter someone’s home by means of a warrant) would be an effective, proportionate and appropriate way to support the duty to make enquiries. A total of 212 responses to the consultation were received, 49% were in favour of a new power and 40% against, with 11% undecided or not stated. The majority of the responses from local authorities and health were in favour (72% and 90% respectively), however only 18% of members of the public who responded were in favour. It was concluded that the responses to the consultation did not provide a compelling case to legislate for a new power of entry or to included it in the Care and Support Bill. (Original abstract)
Mental Capacity Act 2005 deprivation of liberty safeguards: a guide for family, friends and unpaid carers
- Author:
- GREAT BRITAIN. Department of Health
- Publisher:
- Great Britain. Department of Health
- Publication year:
- 2009
- Pagination:
- 20p.
- Place of publication:
- London
The Mental Capacity Act Deprivation of Liberty (MCA DOL) safeguards were introduced into the Mental Capacity Act 2005 through the Mental Health Act 2007. The MCA DOL safeguards apply to anyone: aged 18 and over; who suffers from a mental disorder or disability of the mind – such as dementia or a profound learning disability; who lacks the capacity to give informed consent to the arrangements made for their care and / or treatment; and for whom deprivation of liberty (within the meaning of Article 5 of the ECHR) is considered after an independent assessment to be necessary in their best interests to protect them from harm. The safeguards cover patients in hospitals, and people in care homes registered under the Care Standards Act 2000, whether placed under public or private arrangements. This booklet contains all the information needed to understand what the MCA DOLS are all about. Importantly, it you to: understand a person’s rights to have a say in your friend or family member’s care; and ensure that all possible steps are being taken to protect the interests of a friend or family member while they are being deprived of their liberty.