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DoLS/MCA

News & Developments

A new law seeks to protect the rights of people who do not have the mental capacity to make decisions about their care and to reduce the burden on local authorities. Read more here.

An article from on the Social Care Information & Learning Services (Scils) website about the right to freedom and safety: Reform of Deprivation of Liberty Safeguards. Click here.

In the year 2016/17 the Local Government Ombudsman investigated 1,212 adult social care complaints in detail. In a report entitled The Right to Decide: Towards a Greater Understanding of Mental Capacity and Deprivation of Liberty it is estimated that up to 20% of these complaints concerned mental capacity or DoLS. See an article on CareKnowledge.

Care England has welcomed the changes that coroners will no longer have a duty to undertake an inquest into the death of every person who was subject to an authorisation under the Deprivation of Liberty Safeguards (DoLS) under the Mental Capacity Act 2005. Click Care England here.

The Law Commission’s report Mental Capacity and Deprivation of Liberty has been published and is awaiting a response from the Government. Click here for more information.

An interesting article on the Lester Aldridge website about Parliament approving an amendment to the Coroners and Justice Act 2009 (“the Act”) clarifying the legal position on when an inquest will be held following the death of someone who was subject to a Deprivation of Liberty Safeguards (“DoLS”) order.

In a new film, Baroness Finlay, Chair of the National Mental Capacity Forum explains how the Mental Capacity Act can support care staff with difficult decisons. Click here to see the film on the Scie, the Social Care Institute for Excellence website.

On the Scils (Social Care Information and Learning Services) newsdesk - annual statistics have been released by NHS Digital on Deprivation of Liberty Safeguards (DoLS) applications made to councils in England. 

In her debut blog for Social Care News, Chair of the National Mental Capacity Forum, Baroness Finlay explains why greater awareness of the Mental Capacity Act remains vital to its effectiveness. Click here.

Some councils are taking the Government to court over funding for DoLS assessments, according to the Public Sector Executive website.

The latest Suffolk County Council MCA / DoLS newsletter – January 2016. It includes links to national and local resources that have been produced to support practitioners, case studies, details regarding education and learning from practice, an overview of the Supreme Court Ruling – 19 March 2014, information regarding the role of the IMCA provider in Suffolk – Total Voice, and contact details for the Suffolk MCA / DoLS team. Click here.

Research which focuses on the deprivation of liberty safeguards and the work of the best interests assessor, and the time taken to complete their assessments. The study concludes with some critical feedback from assessors themselves on how they see the system working at present. Click here.

The Care Quality Commission has published it published its sixth annual monitoring report on how hospitals and care homes in England are using the Deprivation of Liberty Safeguards. Click here.

A briefing from CareKnowledge on decisions about technology where individuals may lack mental capacity.

Also from CareKnowledge, an article from Elder Law Journal called More presumptions please? Wishes, feelings and best interests decision-making about the Mental Capacity Act.

The Law Commission is currently consulting on the mental capacity and deprivation of liberty law.

From the news desk of Scils (Social Care Information and Learning Services) Somerset Council social services unlawfully deprived a vulnerable disabled adult of her right to a home life, a court has found.

Mental Capacity Act (2005) Deprivation of Liberty Safeguards (England) Annual Report, 2014-15, from the Health and Social Care Information Centre (HSCIC) from CareKnowledge.

A Community Care website article on the rise in Deprivation of Liberty Safeguards cases.