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…



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 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 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 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…




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…



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…




  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.…






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…



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.