I can’t pretend to be a Deprivation of Liberty Safeguards (DoLS) aficionada. But a little research reading reveals that the current ‘acid test’, in England and Wales, for assaying whether a person is subject to a Deprivation of Liberty is: if the person is ‘subject to continuous supervision and control and not free to leave’, she or he is deprived of her or his liberty and therefore needs the Safeguards applied, to ensure that the Deprivation and any restrictions or restraints used to enforce it are in the person’s Best Interests. 845 more words
Tags » Mental Capacity Act
And now for a return to musings on mental capacity…
The Mental Capacity Act 2005 says that you are unable to make a decision if, among other things, you don’t ‘understand’ the information relevant to the decision ‘because of an impairment of, or a disturbance in the functioning of, the mind or brain’. 1,279 more words
Which Authorities Use Independent Best Interests Assessors?
In December 2015, there was an article in Community Care which said that regional DOLS leads, supported by the Local Government Association were inviting independent BIAs to sign up to a central list so that those LAs that use independents could have fast access to them. 977 more words
This is the first of two posts about the UN Convention on the Rights of Persons with Disabilities and ‘supported decision-making’. This one is called ‘supported decision-making is not a revolution’, and the next one will be called ‘supported decision-making… 586 more words
This post is about mental capacity law. It’s not directly about what the law is or should be, though. It’s about how lawyers, especially judges, use one particular metaphor, and it’s about a danger that metaphor sometimes brings. 1,538 more words
SCIE – Mental Capacity Act (MCA) Resource
- The Mental Capacity Act (MCA) 2005 applies to everyone involved in the care, treatment and support of people aged 16 and over living in England and Wales who are unable to make all or some decisions for themselves.