The Parliamentary Joint Committee on Human Rights (JCHR) is currently holding an inquiry into the UK Government’s response to Covid-19. This inquiry is looking at how people’s human rights may have been affected. The British Institute of Human Rights is running a survey to gather peoples views to present to the committee. For those working in social…
A new service was launched recently by the Office of the Public Guardian (OPG). The government website explains that this will provide a faster service: ‘…the current paper-based process can take weeks, as documents need to be requested and confirmed between organisations and individuals, before being posted as physical copies. The new system will allow those acting…
Councils have now published data on how they have supported adult social care during the pandemic. This data includes financial support offered to care homes; supported living and domiciliary care. Councils are listed in alphabetical order.
Law firm Rook Irwin Sweeney (RIS) have sent a letter before action to Matt Hancock to challenge the lack of new guidance for people in supported living. According to RIS, the previous guidance was withdrawn on the 13th May and since then the Department of Health and Social Care have said it is under development. RIS note…
This BMJ article discusses the relevant information to provide a patient in order to ensure they have informed consent during the Covid-19 pandemic. It considers issues such as informing the patient about the risks of delaying the surgery until after the pandemic is over and the value of information booklets. This article will also have useful considerations for…
Barrister and Edge trainer, Dr Oliver Lewis was interviewed in this national newspaper article on care home deaths during the pandemic. The article focuses in particular on cases in which families wanted their relative to be discharged. Oliver delivers regular training on the Court of Protection with Edge and is also running this very popular course entitled Maintaining Human Rights in…
The government website was updated on 24th June with four further determinations illustrating how the DHSC resolve disputes when two or more local authorities cannot agree responsibility for meeting a person’s eligible needs.
This guidance first published by the government on 2nd April was updated on 19th June. The government website explains that the “…document has been updated throughout in line with the care homes support package announced on 15 May and the latest advice on testing, and infection prevention and control. The changes are set out in full in the…
Mental capacity to engage in sexual relations For any staff involved in assessing mental capacity to engage in sexual relations, the Court of Appeal has recently released a significant judgment concerning the information a person needs to understand as part of the assessment. The case A Local Authority v JB [2020] EWCA Civ 735 can…
The Ombudsman has found fault with a local authority over the delay in assessing a man with a learning disability kept on a mental health hospital. The report states: ‘There was undoubtedly fault in respect of DoLS in this case. The Council took much too long to assess Y and put in place the authority…
This report entitled Human Rights and the Government’s response to COVID-19: the detention of young people who are autistic and/or have learning disabilities is now available. The Committee heard evidence from parents of young people who are autistic and/or have a learning disability and are currently detained under the Mental Health Act 1983. The Committee also heard from the…
A recently published Ombudsman’s ruling highlights the importance of assessing mental capacity for different decisions and the duty to appoint advocates (IMCA). Download the case from this link .
COVID-19 Related Resources for Health & Social Care Professionals Mental Health Act MHCS Stakeholder Update Covid-19 19 March 2020 Royal College of Psychiatrists COVID-19 Guidance for Clinicians Pilot Practice Direction: Health, Education and Social Care of the First Tier Tribunal (Mental Health)- A new way for mental health tribunals to operate which started on 23rd…
The Mental Health Review Tribunal ( MHRT) for Wales issued new Practice Direction for statements and reports for MHRTs in Wales. These can be found on www.mentalhealthreviewtribunal.gov.wales and are also attached here MHRT Practice Direction Oct 2019. Those working in Wales should familiarise themselves with the content of these when preparing reports for MHRT…
We have produced a new guidance sheet on the MCA that attempts to answer a not uncommon question by health and social care staff – Why should I use the MCA? What difference does it make? The guidance provides 9 detailed and evidence based reasons for using the Act in practice. It is free to…
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…
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 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
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
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…
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…
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…
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…
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.
