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Journal

Social Care and Neurodisability

Publisher:
Emerald

This title is aimed at anyone working in social work, case management, social care and all others interested in neurodisability and neuroscience. It provides a forum for the sharing of information on good practice and advances in the rehabilitation, treatment and care of people who have neurological conditions. The Journal’s coverage explores practice with adults, children and adolescents with neurological. Relevant for all those working in the fields of neurodisability, neuroscience and acquired brain injury. Articles from this journal are abstracted and indexed selectively on Social Care Online.

Digital Media Full text available online for free

Using the Mental Capacity Act

Author:
SOCIAL CARE INSTITUTE FOR EXCELLENCE
Publisher:
Social Care Institute for Excellence
Publication year:
2016
Pagination:
17 mins 49 seconds
Place of publication:
London

This film explains the five main principles of the Mental Capacity Act (MCA) and how they work in practice for people who may lack capacity. It covers: a presumption of capacity, individuals being supported to make their own decisions, unwise decisions, best interests, less restrictive option. It also looks at how the Act supports everyone to plan for their future, when they may lack capacity, though lasting powers of attorney and advance decisions. The video is relevant for people who need the MCA, their carers, and others. (Edited publisher abstract)

Digital Media Full text available online for free

Practical approaches to minimising restraint

Author:
SOCIAL CARE INSTITUTE FOR EXCELLENCE
Publisher:
Social Care Institute for Excellence
Publication year:
2015
Pagination:
8 minutes 20 seconds
Place of publication:
London

This film uses two examples to illustrate how restraint can be minimised. The first example describes the experience of Peter, who is living in a care home and has a urinary tract infection. A common side effect of such infections is confusion, which is made worse by Peter's Alzheimer's disease. The second story is about Florence, a lady in her 80's who had developed a chest infection and had been admitted to hospital suffering delirium. Key messages for practice are: sometimes it is necessary to apply restraint in the person's best interests; the need for restraint has to be reassessed on each and every occasion as people's needs and capacity change; using a person-centred approach and understanding a person's life story is vital; and talking with colleagues, carers families and people who use services can help to minimise restraint. (Edited publisher abstract)

Book Full text available online for free

Mental Capacity Act (2005) Deprivation of Liberty Safeguards (England) England 2016/17

Author:
NHS DIGITAL
Publisher:
NHS Digital
Publication year:
2017
Pagination:
34
Place of publication:
Leeds

Statistical release providing data from the Mental Capacity Act 2005, Deprivation of Liberty Safeguards (DoLS) data collection for the period 1 April 2016 to 31 March 2017. It provides data on the demographic profile of people for whom a DoLS application was submitted, numbers of applications received, number of applications completed during the year, and applications not completed as at 31/03/2017. Supporting tables also provide breakdowns at local authority level. The data shows that a total of 217,235 applications for DoLS were received by local authorities during 2016/17; an increase of 11 per cent on the preveious year. The number of DoLS applications that were completed increased by 45 per cent to 151,970 during the same period. However, the reported backlog of cases that were not completed as at year end increased by 7 per cent to 108,545 over the year. Regional variations were also identified. (Edited publisher abstract)

Book Full text available online for free

Deprivation of Liberty Safeguards

Author:
PARKIN Elizabeth
Publisher:
Great Britain. Parliament. House of Commons Library
Publication year:
2017
Pagination:
10
Place of publication:
London

This briefing paper provides an overview of the Deprivation of Liberty Safeguards (DoLS) and proposals from the Law Commission that DoLS are replaced by a new scheme called the Liberty Protection Safeguards. DoLS provide a framework for approving the deprivation of liberty for people who lack the mental capacity to consent to necessary treatment in a hospital or care home. A Supreme Court judgement in 2014 significantly widened the definition of deprivation of liberty, resulting in a ten-fold increase in the number of deprivation of liberty applications following the judgement. The Law Commission proposals for new safeguards intend to streamline the process for assessing whether a deprivation of liberty is necessary, and obtaining the required authorisation. The new scheme would also extend beyond hospitals and care homes. (Edited publisher abstract)

Book Full text available online for free

Good decision making: what you need to know about the Mental Capacity Act and end of life care

Authors:
NATIONAL COUNCIL FOR PALLIATIVE CARE, DYING MATTERS COALITION
Publishers:
National Council for Palliative Care, Dying Matters Coalition
Publication year:
2017
Pagination:
20
Place of publication:
London
Edition:
2nd

This booklet provides information to help people approaching the end of life, their families and carers, and health and social care staff to understand the Mental Capacity Act (MCA) and how it affects decision-making at the end of life. It explains how people can use the MCA to express and protect their wishes about their future care and what it means for carers. It includes information on assessing a person’s capacity to make a decisions, making a best interests decisions, Independent Mental Capacity Advocates, and Deprivation of Liberty Safeguards (DOLS). (Edited publisher abstract)

Book Full text available online for free

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)

Book Full text available online for free

Mental health, mental capacity and human rights: a practitioner’s guide

Author:
BRITISH INSTITUTE OF HUMAN RIGHTS
Publisher:
British Institute of Human Rights
Publication year:
2016
Pagination:
28
Place of publication:
London

This booklet provides information about human rights values and approaches for practitioners working in services supporting people with mental health or mental capacity issues. It looks at how the Human Rights Act work, legal duties under the Human Rights Act, and provides information about the key rights which are most relevant to practice in mental health and/or mental capacity settings. Human rights discussed include: right to life; right not to be tortured or treated in an inhuman or degrading way; right to liberty; right to respect for private and family life, home and correspondence; and right not be discriminated against in relation to any of the human rights. For each human right, the booklet outlines how practitioners might encounter this rights in their work, their practitioner duties, whether practitioners are able to restrict this right, and provides a short example. The booklet also includes a flowchart to help identify human rights issues in practice. It is the first of eight booklets developed as part of the British Institute of Human Rights (BIHR) project ‘Delivering Compassionate Care: Connecting Human Rights to the Frontline’, which aims to ensure that staff have the knowledge and skills uphold the dignity and human rights of the people using their services. It has been produced alongside seven issue-specific resources. (Edited publisher abstract)

Journal article

Health and social care practitioners’ experiences of assessing mental capacity in a community learning disability team

Authors:
RATCLIFF Daniel, CHAPMAN Melanie
Journal article citation:
British Journal of Learning Disabilities, 44 (4), 2016, pp.329-336.
Publisher:
Wiley-Blackwell

Background: The study explored experiences of health and social care practitioners within a community learning disability team in undertaking mental capacity assessments with people with learning disabilities. Materials and Methods: Eight practitioners were interviewed using a semi-structured interview schedule. Results: The information gained was analysed using thematic network analysis. Twelve basic themes emerged which fit into five organising themes labelled: ‘systemic barriers to assessment’; ‘capacity assessing as a process’; ‘person-specific challenges’; ‘protective practices’; and ‘protection of a fundamental human right’. A global theme, ‘freedom of action versus restrictions on action’, was identified. Conclusions: The themes highlighted that there were a range of organisational, systemic and person-specific factors that impacted on the perceived quality of and assessors’ confidence in their assessments of mental capacity. Furthermore, these factors appeared to create a range of tensions for assessors increasing the likelihood of cognitive dissonance. Practice implications surround maintaining knowledge, ensuring adequate skills in the practical application of knowledge and reducing organisational barriers. (Publisher abstract)

Book Full text available online for free

Mental Capacity Act (2005) Deprivation of Liberty Safeguards (England) 2015-16

Author:
NHS DIGITAL
Publisher:
NHS Digital
Publication year:
2016
Pagination:
42
Place of publication:
Leeds

Official statistics on applications for Deprivation of Liberty Safeguards (DoLS), covering the period 1 April 2015 to 31 March 2016. It provides statistics on applications that were received in the reporting year, completed in the reporting year, provides an analysis of applications granted and not granted, and looks at the demographics of people with a DoLS application by gender, age, ethnicity, disability and sexual identity. The figures show that 195,840 DoLS applications were reported as having been received by councils during 2015-16, the highest number since the DoLS were introduced in 2009. Regional variations were also identified, with the North East receiving almost three times as many applications (900 per 100,000) compared to London (319). The remaining regions received between 400 and 500 applications per 100,000 adults. Figures also show an increase in the numbers of completed applications, with 105,055 completed applications were reported in 2015-16, compared to 62,645 in 2014-15. (Edited publisher abstract)

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