We think you have liked this presentation. If you wish to download it, please recommend it to your friends in any social system. Share buttons are a little bit lower. Thank you!
Presentation is loading. Please wait.
Published byAleesha Benson
Modified over 6 years ago
© Weightmans LLP BOURNEWOOD – What does it mean for Local Authorities? Key contact: Gerard Hanratty Partner 0207 067 4541 email@example.com 6 November 2007
© Weightmans LLP BOURNEWOOD - FACTS ▪30 year old autistic man with learning difficulties. ▪Discharged on trial basis to carers for 3 years. ▪Agitated and harming himself, admitted informally. ▪C of A found unlawful detention, Lords overturned. ▪ECtHR found Article 5 violation, reviews conducted in Habeus Corpus and Judicial Review proceeding not adequate or effective.
© Weightmans LLP CLOSING THE GAP ▪Amendment to Mental Capacity Act 2005 by Mental Health Act 2007. ▪Applies to patients over 18 years, suffering from a mental disorder, who lack capacity to decide whether or not to reside in a hospital or care home. ▪Any deprivation of liberty must be in best interests, necessary to prevent patient harm and be proportionate. ▪Government believes will mainly relate to those with significant learning disabilities, elderly people with dementia and a minority who have suffered physical injury.
© Weightmans LLP What is deprivation of liberty? ▪HL v. UK  “… to determine whether there has been a deprivation of liberty, the starting point must be the specific situation of the individual concerned and account must be taken of a whole range of factors arising in a particular case such as the type, duration, effects and manner of implementation of the measures in question. The distinction between a deprivation of, and restriction upon, liberty is merely one of degree or intensity and not one of nature or substance.” ▪Key factor in HL was the ‘complete and effective control over his care and treatment’ which professionals exercised.
© Weightmans LLP WHAT ARE PROPOSALS? ▪Any hospital or care home who identifies a person to be within this group must apply to the “supervisory body” for authorisation of deprivation of liberty. ▪Urgent 7 day authorisations in exceptional circumstances, normal expectation that apply within 28 days of commencement of deprivation. ▪Supervisory bodies – care homes/local authority: hospital/primary care trusts; National Assembly for Wales. ▪Court of Protection can also authorise deprivation of liberty. ▪Supervisory body must commission assessments when request for authorisation received and complete within 21 days.
© Weightmans LLP ASSESSMENTS ▪Age – reached 18 ▪Mental health – suffering from mental disorder within meaning of MHA (changing) ▪Mental capacity – lacks capacity to decide on accommodation. ▪Best interests – s.4 Mental Capacity Act 2005 checklist. ▪Eligibility – status, or potential status, under MHA. ▪No refusals - authorisation must not conflict with valid decision by a donee or deputy with Lasting Power of Attorney. IMCA appointed for anyone un-befriended. ▪If any assessment concludes person does not meet criteria for an authorisation, supervisory body must reject request. ▪Must be minimum of two appropriately trained assessors and those for ‘Best Interests’ and ‘Mental Health’ must be different.
© Weightmans LLP AUTHORISATIONS ▪Duration on case by case basis and period should be recommended by best interests assessor, but maximum period is 12 months. ▪Best interests assessor should recommend best person to represent person’s interests. If person has capacity (to some extent) they may choose own representative.
© Weightmans LLP AUTHORISATIONS ▪Must be in writing, for no longer than period recommended by best interests assessor, stating purpose on which liberty deprived, any conditions recommended by best interests assessor and reasons each assessment criteria met. ▪Goes to care home/hospital, person concerned, IMCA and all interested persons consulted by best interests assessor.
© Weightmans LLP HOSPITAL AND CARE HOME MANAGERS Duty to:- ▪Undertake all practical steps to explain authorisation to person concerned and representative, including how to appeal or review. ▪Ensure any conditions attached to authorisation are met. ▪Monitor and, when necessary, request review.
© Weightmans LLP REVIEW OF AUTHORISATIONS ▪Hospital or care home requests when individual’s circumstances have changed. ▪Person or representative requests because circumstances have changed. ▪Supervisory body needs to assess any of the criteria affected by change. ▪After review notify all relevant bodies/people of decision in writing. ▪Appeals are to Court of Protection.
© Weightmans LLP MHA 1983 AND 2007 ▪If P is detainable under a section of MHA then do not use MCA. ▪MHA 2007 introduces Bournewood amendment to MCA.
© Weightmans LLP CONCERNS ▪Potential length of authorisation without a review. ▪Lack of safeguards – suggestion there should be much closer parity with MHA safeguards. ▪Set up cost and training. ▪Number of people it could potentially affect. ▪HRA and private care homes.
© Weightmans LLP What to do? ▪Consider consultation and give feedback. ▪Set up team now to consider implementation of new statutory obligations. ▪Partner with local PCT. ▪Establish clear policy for obtaining authorisations and publish to all relevant bodies. ▪Hold series of workshops with care home providers. ▪Be proactive!
© Weightmans LLP CONSULTATION ▪Launched 10 September 2007 and closes 2 December 2007. ▪www.dh.go.uk/en/consultations/liveconsultations/ dh-078052
Mental Capacity and the deprivation of liberty standards
The Mental Capacity Act 2005 Implications for Front Line Staff Richard Williams Professor of Mental Health Strategy, University of Glamorgan Professor.
PLYMOUTH INDEPENDENT MENTAL CAPACITY ADVOCACY SERVICE
2005. Why is it necessary When person lacks capacity physicians have power and influence over them which could be abused 30% pts on acute medical wards.
Good Medical Practice in Action
THE DEPRIVATION OF LIBERTY SAFEGUARDS
Listening to you, working for you The Deprivation of Liberty Safeguards (DOLS) The Deprivation of Liberty Safeguards (DOLS) are part.
Consent to Care and Treatment The Policy Company Limited ©
Capacity and Consent Dr Alick Bush (Consultant Clinical Psychologist and Clinical Director) Dr Zara Clarke (Clinical Psychologist)
Restraint and deprivation of liberty: ethical considerations Anne Slowther.
Including The Deprivation of Liberty Safeguards Practitioner Level.
1 MCA Learning Pack – Session 4 Mental Capacity Act 2005: a practice-based course Supporting older people in care homes and the community as they would.
Treatment for Mental Disorders and Protection of Patients’ Rights Mary Donnelly Law Faculty, University College Cork Centre for Criminal Justice and Human.
1 Consent for treatment A summary guide for health practitioners about obtaining consent for treatment Bridie Woolnough Resolution Officer Health Care.
In Control Conference Tuesday 16 th March 2010 The Mental Capacity Act and Deprivation of Liberty Mathieu Culverhouse Irwin Mitchell Solicitors
MENTAL HEALTH (AMENDMENT) ACT 2003 Given Royal Assent on 21 October Except for Part 2, the Act came into operation the day after it was given Royal.
Deprivation of Liberty Safeguards Project
THE MENTAL HEALTH ACT 2007 Implications for the medical treatment of patients in the community Richard Jones Consultant in Mental Health and Community.
© 2021 SlidePlayer.com Inc. All rights reserved.