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Consent and the CQC
A care home for over one hundred people has recently been been rated inadequate by the CQC. Among a range of reasons, the inspection report states: ‘Some people’s records to consent to receiving care and treatment, taking photographs, and sharing of their information was signed for by staff members. Having staff sign consent forms on behalf of people, without lawful authority or proper assessment of capacity, undermines the principles of the Mental Capacity Act 2005 (MCA).’ D
1 day ago


The Mental Health Act: Nearest Relatives request for assessment
The Local Government & Social Care Ombudsman has recently found a local authority at fault for not meeting its duties under the Mental Health Act in relation to requests for assessments from Nearest Relatives (as defined in the Act). The Ombudsman stated: ‘The Council failed to properly consider Mrs B’s request for an assessment of her husband under the Mental Health Act 1983 and its communications with Mrs B were poor. This fault has caused distress to Mrs B and her husband.
2 days ago


Occupational Therapy waiting lists in the community
The Local Government & Social Care Ombudsman has recently found a local authority at fault for an eight month delay in providing a person with an OT assessment. The Ombudsman stated: ‘The Council made a referral to the OT service on 12 November 2024 to assess Miss X for any required equipment and adaptations to support her while she remained in the supported living accommodation. The OT assessment was not completed until 22 July 2025, and the report was issued in December 202
Oct 6


NHS Continuing Healthcare assessments
The Local Government & Social Care Ombudsman has recently found an ICB at fault over its policy on Continuing Healthcare (CHC) referrals. It is a good (bad) example of organisations creating their own local policies that do not follow statutory guidance. The case concerned a complaint made by the son of the man who was in hospital. The ICB refused to assess his father’s eligibility for NHS Continuing Healthcare in hospital or provide him with interim NHS funding for the nursi
Oct 2


Mental capacity to sexual relations
The Court of Protection regularly deals with the issue of mental capacity to engage in sexual relations. The cases range from young people with learning disability or autistic spectrum disorder to older people with dementia. Now a major new film is in cinema’s that explores the issue in relation to an older couple one of whom as dementia. Called “Queen at sea” it was released on 18th September. Further information on the film (The Guardian interview): https://www.theguardian.
Oct 2


Decision specific assessments of capacity and the CQC
A recently published inspection report for the older peoples wards in a mental health NHS Trust raised the issue of decision specific assessments of mental capacity as required by the Mental Capacity Act. The inspection report stated: ‘Staff did not always assess people’s capacity for specific decisions throughout their care and treatment. For example, we observed staff limiting one patient’s intake of coffee without a capacity assessment in place. Staff could not confirm if
Sep 10


Training for DoLS MH Assessors- Qualification or Refresher/Update?
For Qualification: https://portal.e-lfh.org.uk/Component/Details/420173 For Edge's Refresher/Update training dates: https://www.edgetraining.org.uk/dolsmharefresher
Sep 3


The Care Act: delays in assessing and changing a care package
The Local Government and Social Care Ombudsman has recently found a local authority at fault for delays in both assessing a person under the Care Act and also increasing their existing care package. The delays in assessing and increasing his care package meant the man had to self-fund his care on two occasions the first one lasting seven months. The Ombudsman stated: ‘Councils must carry out assessments over a suitable and reasonable timescale considering the urgency of needs
Aug 13


News: Coroners’ Statistics 2025 and the Hillsborough Bill: A system shifting towards accountability
An article published in Lexology states the publication of the Coroners Statistics 2025 offers a revealing snapshot of a system in transition. At the same time, the proposed Hillsborough Bill (the Public Office (Accountability) Bill) signals a fundamental shift of how public authorities engage with inquests. View the article HERE. Edge Training runs Coroners Court Training If you would like to enquire about commissioning us please email admin@edgetraining.org.uk or call 078
Aug 11


Paid Relevant Person's Representatives (RPR) and DoLS IMCAs
The right to a Paid RPR (or family/friend RPR) or DoLS IMCA is only available under the Deprivation of Liberty Safeguards. As the impact of the AGNI ruling is starting to be felt, many paid RPR visits have stopped. This is because the person's DoLS authorisation has been reviewed and they are no longer considered deprived of their liberty (applying the AGNI ruling). For others, it is because the DoLS has lapsed and no new DoLS application will be required (applying the AGNI r
Jul 16


Joint Statement: Proposed Amendments on Section 135 & 136 in the Mental Health Bill
A proposal to extend s135 & 136 MHA police powers to ‘authorised persons’ did not make it into the MHA 2025. ‘The proposed amendments would remove the need for the presence of police at mental health incidents in the absence of any risk’ ‘Authorised Persons’ were to include AMHPs, Doctors, Mental Health Nurses and anyone else to be listed in regulations. The joint statement explains the difficulties such a proposal could have in reality and the fact that it had not been serio
Jul 1


Now On Stage: 'A DoL House' at The Big House, London, N1 3LH
Wednesday 17th June 2026 - Saturday 11th July 2026 'It's a vulnerable package. That's why we're here. Eyes-on, two-to-one, double supervised. We keep the protocols, the procedures; we keep the conditions of the order. There is a system. We are the system.' Leyla is sixteen. She likes maths, Teign with the green eyes, and absconding from her children's home. One night to keep her out of harm's way, Leyla is taken and moved to an unknown room, in an unknown house, in a far-awa
Jun 24


DHSC deprivation of liberty guidance on the AGNI judgment published
We are pleased to share that this guidance on the AGNI case from the Department of Health and Social Care has now been published. Edge Training is running a new training Event ‘ DoLS: The New Era (Unlearning Cheshire West)’ - multiple dates are available For dates, the full programme, pricing, bios and to book a place click here > https://www.edgetraining.org.uk/dolsthenewera If you would like to enquire about commissioning us please email admin@edgetraining.org.uk or ca
Jun 16


The Approved Mental Health Professional (AMHP) workforce in the social care sector
The annual AMHP Leads survey confirms that 95% of AMHPs in England are from the social worker profession with at least 5% from nursing and a smaller group of Occupational Therapists. The average age is 48 and 34% are likely to retire in the next 10 years. The importance of the AMHP role remains clear in this report alongside the need for higher numbers of AMHPs to meet increasing demand given the stats above. The report can be accessed HERE. Edge Training run a range of cour
Jun 8


Hoarding and Executive Disorder - Coroner's finding
A Coroner's report into the death of a woman in a house fire has highlighted the impact of severe hoarding disorder on a person's mental capacity to make decisions. Professionals in the case noted a lack of guidance on how hoarding impacts upon Executive Dysfunction and can therefore lead to a potential loss of mental capacity. Download the report HERE Edge Training runs training courses on Hoarding & Self Neglect. The next Event is on 17 June via Zoom. - book your place HE
Jun 8
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