On 30 April 2019 the European court issued updated guidance on Article 5. It provides an exhaustive summary of the key European case law in this area. Download it from here European Court of Human Rights_Guide_Art_5 It will be of particular interest to those involved in writing the Code of Practice for the Liberty Protection…
An updated version of our information sheet explaining the changes to the role of DoLS Best Interests Assessors under the Liberty Protection Safeguards is available on the Edge website (June 2019 edition) at this link : LPS_BIA_information_sheet_June 2019
Edge have produced an information sheet for Best Interests Assessors (BIAs) to help explain the changes to their role under the Liberty Protection Safeguards. It can be downloaded here : LPS_BIA_information_sheet_May 2019 final
An updated brief information sheet detailing key facts on LPS. To download a copy click on this link : LPS_key_facts_ 29_April_2019_final
An updated LPS & Funding information sheet to help local authorities, CCGs, NHS Trusts and Health Boards understand the financial implications of LPS. To download a copy click on this link : LPS_funding_sheet_April_29_2019_final
NHS England have published their annual Safeguarding report. It can be downloaded from this NHSE safeguarding-annual-update-2018-19 – April 2019 In relation to the Liberty Protection Safeguards (replacing DoLS) it notes: ‘Another major development is the Mental Capacity (Amendment) Bill, which is about to become legislation, and will have a significant impact on safeguarding and mental health…
The Local Government and Social Care Ombudsman have made a finding of ‘fault causing injustice’ against Staffordshire County Council for how they handled their DoLS applications. The Ombudsman found: ‘Since May 2016 the Council unlawfully decided not to carry out assessments of low and medium priority Deprivation of Liberty Safeguards (DoLS) applications and significantly delayed…
The latest version of our popular table showing the differences between DoLS and LPS is available here.
A new edition of our Liberty Protection Safeguards overview chart (LPS which will replace DoLS) is now available. It provides essential information on LPS – where, who, rights, procedure, assessments etc, all on one side of A4! Download it from here.
The latest edition of our LPS update guide is now available. It provides a detailed breakdown of the key elements of LPS for practitioners. Download from here
A new briefing sheet on the Liberty Protection Safeguards is now available from Edge training. It provides information on the state of the Bill following the last Committee stage in the House of Commons. It is available to view here on the News page of our website.
The Office of the Public Guardian has produced a new OPG100 form to search the register of attorneys (LPA & EPA) and deputies. Read the full updated guidance here.
The document below provides guidance from HM Prison & Probation Service- Mental Health Casework Section, on conditional discharge conditions and deprivation of liberty post MM DoL_guidance_v1_Jan2019
A new version of our popular table showing the differences between DoLS and LPS is available. It has been updated to reflect changes made to LPS in the House of Lords. The table provides a detailed comparison tool to show what changes with LPS and what stays as before (like DoLS). To download a copy…
A new updated version of our overview chart on the Liberty Protection Safeguards is available. It has been amended to reflect the latest changes following amendments in the House of Lords. To download a copy click on this link : LPS_one_page_overview_chart_Jan_2019
To download the briefing sheet click on the link below : House of Commons consultation briefing on LPS – Jan 2019 final
The new edition of our DoLS case law summary sheet has been published providing details on the latest DoLS case law. DoLS_case_law_summary_sheet_December_2018
A group of leading charities has called on the government to pause progress of the Liberty Protection Safeguards (Mental Capacity Act (Amendment) Bill. The Bill is due to have its 2nd Reading in the House of Commons later today. The briefing provides details of a series of concerns by the charities about LPS and…
Amongst other things it states: ‘.. we have serious reservations about whether the Bill does enough to protect those who are at risk of unlawful detention. We are also concerned that the Government’s impact assessment significantly underestimates the resources required for implementation.’ It can be downloaded from the following link : Joint HR committee on LPS…
The House of Lords are due to continue their debate on the Liberty Protection Safeguards (Report Stage) with two dates in mid and late November. These are potentially the last dates for any significant changes to the Bill. Dr Lucy Series from Cardiff University has produced a very helpful briefing on the major current issues…
We were very pleased to receive a copy of a letter, sent to us by Mr E. He was one of the carers in the case HL v United Kingdom 2004, most commonly known as the Bournewood judgment. In the letter to members of the House of Lords, Mr and Mrs E have made their…
Following the latest developments in the House of Lords last week, it appears that the vast majority of concerns about LPS remain and perhaps Lord Touhig best summed up the feelings of many of those working directly with people lacking mental capacity when he said in the House of Lords: ‘My Lords, I do not…
The report provides useful guidance on a number of issues and states: ‘By definition, a person who lacks capacity to consent cannot consent to treatment or care and support, even if they cooperate with the treatment or actively seek it.’ The report is available from this link
The charity Compassion in Dying has looked into patient experience when discussing advance care planning with their GP. Compassion in Dying say the report “…reveals mismatch between Clinical Commissioning Group policies and the reality faced by patients. Patients report doctors being ill-equipped to support them to plan ahead for their future care and treatment.”. You…
On 9 October a group of 16 different social care interest groups produced a joint statement of concerns about the Governments proposals under the Mental Capacity (Amendment) Bill. Download full details here
The keynote speaker for our annual AMHP Conference on 7th December 2018 is David Carson. David is presenting a set of principles that are universal to risk assessment and risk management. He will argue that adopting these principles can lead to a move beyond a culture of blame to a genuine exploration of good practice…
LPS national survey – final report LPS survey 2018 full report LPS national survey – executive summary LPS survey 2018 executive summary LPS national survey – power point slides LPS survey final results – power point presentation open LPS national survey – excel spreadsheet of all individual responses LPS survey final data – every response public version LPS national…
The NHS Improvement agency has published new standards of care for NHS Trusts providing learning disability services. It states: ‘Several inquiries and investigations have found that some NHS trusts and foundation trusts are failing to adequately respect and protect people’s rights, with devastating consequences for them and their families..With system partners we have developed four…
Do you have a family member in a care home or hospital that is under a law called the Deprivation of Liberty Safeguards? If so, would you like to know more about this law and the rights it can offer your relative? This half day course will explain the law (often known as DoLS) and…
House of Lords debated the merits of the Liberty Protection Safeguards bill going through Parliament on 16 July. We have produced a summary of issues raised by members of the House of Lords which will be taken forward for the next stage of the bill in early September. To see the news update click the…
On 16 July 2018 the House of Lords debated the LPS proposals before them. The record of the issues raised by members is given here: House of Lords 2nd reading of LPS (part 1) 16 July – Mental Capacity (Amendment) Bill [HL] – Hansard House of Lords 2nd reading of LPS (part 2) 16 July…
Have DoLS BIA Assessments had a positive impact on people? An emphatic ‘yes’ was the answer according to our survey in 2016. Following the recent publication of a bill to replace DoLS with the Liberty Protection Safeguards, we note that the role of the Best Interests Assessor (to be renamed Approved Mental Capacity Professional) has…
A report from the Joint Committee on Human Rights into the future of the Deprivation of Liberty Safeguards (DoLS) scheme is now available. It considers a number of key areas in relation to the Law Commission’s proposals to replace DoLS. The Report can be accessed via the following link
The charity Mind are looking for people on Community Treatment Orders (CTOs) with a condition attached stating where they should reside. As many of you will know, the decision of the Court of Appeal in PJ v Welsh Ministers [2017] EWCA Civ 194 has been met with some concern. Mind intend to use examples of patients that are…
The University of Lincoln is undertaking research in to mental capacity assessments and DoLS and would love your assistance if you are a DoLS professional. For more information and details about who can get involved please find below the research document prepared by the University of Lincoln. Interviews are taking place until the end of June.…
The annual report from the Learning Disabilities Mortality Review Programme has been released. Based on 103 reviews of deaths, in 13% of cases the person’s health had been adversely affected by one or more of the following: •delays in care or treatment; •gaps in service provision; •organisational dysfunction; •or neglect or abuse.’ The failure to…
The British Institute of Human Rights has published this brief guide for practitioners which covers the key human rights considerations in relation to hospital discharge. Hospital_Discharge_Final_Low_Res
It actually states: ‘Training needs to improve within NHS organisations about the factors that disadvantage Black and Asian minority ethnic groups, particularly those of Black African and Caribbean descent. This should support psychiatrists in reflecting on their own perspectives, behaviours and the role unconscious bias can have on the care they provide, as well as…
This is a report on the outcome of a collaborative review undertaken in 2017 between the CQC, AMHP services and other national partners. It sets out some of the innovative and good quality practice in AMHP services alongside challenges and barriers in the AMHP role. MHA Report 20180314 – AMHP Services FINAL FOR PUBLICATION …
It brings together the findings of over 1,300 visits to mental health wards across England. http://www.cqc.org.uk/publications/major-report/monitoring-mental-health-act-report
Are you a DoLS assessors (BIA/MH Assessor) or DoLS Signatory? We are pleased to share news of research into mental capacity assessments being conducted for the purpose of DoLS authorisations, which you may be interested in contributing to. The research is being conducted by Lucy Bright and Jim Rogers at the University of Lincoln.…
Edge training and consultancy have submitted a report to the Committee based on the results of a survey it carried out. One finding is that the majority of people surveyed (60%) did not think the Law Commission proposals to replace DoLS should be brought in as a matter of urgency by the Government. DoLS Human…
The latest edition of the DoLS case law summary sheet is now available. DoLS_case_law_summary_sheet_January_2018
Attached is a copy of the questionnaire and a summary report of the responses to the MHA Review Advisory Panel. EDGE AMHP CONFERENCE QUESTIONNAIRE MHA Review calls for evidence.
The Care Quality Commission have just released a report on the rise in use of the MHA. They identify a number of factors that may influence the rates of detention. They conclude that there is no single cause for this rise in rates and found no evidence that professionals are using the MHA inappropriately. Their…
In December a House of Commons committee issued a damning review of mental health care in prisons. It stated: “Record high numbers of self-inflicted deaths and incidents of self-harm in prisons are a damning indictment of the current state of the mental health of those in prison…” The report makes a series of recommendations which…
Changes to sections 135 & 136 of the Mental Health Act came into force on the 11th December. You can download our 2 page summary of the changes, integrating relevant parts of the newly published Dept of Health and Home Office guidance and the Regulations. Click on Read More to download. S135 & 136 brief summary…
The latest version of our DoLS Case Law Summary Crib Sheet is now available to download: DoLS_case_law_summary_sheet_November_2017-2
Cornwall Council are undertaking a DoLS Time Study. Their DoLS team wishes to establish how much time it takes BIAs to complete their assessments and any time standards that they may have to work within. To take part (anonymously) in this simple survey, click here. Survey closes at 5pm, 21st August 2015.
