Search results for:
Keyword “Mental Capacity Act”
Topic “Legal literacy”
Results can be filtered using the options below:
‘But are we there yet?’ asked the numerous Mental Capacity Act (MCA)/Deprivation of Liberty Safeguard (DoLS) Leads at the Local Implementation Group (LIN), which has been operational since 2007.
‘Ten years on, are we there yet, are we doing it right?’
The intention here is to strengthen the rights of people who lack mental capacity in a situation where others are making decisions for or about them, or may contemplate doing so. There are also moves to ensure that the requirements of the Convention on the Rights of Per
The Law Commission published its draft Bill to replace DoLS in March 2017. The replacement system, provisionally called Liberty Protection Safeguards, is still focused on the protection of people’s rights, but has been designed to be simpler than DoLS, less bureaucr
On 1 October 2007 the MCA was implemented (apart from DoLS, which came in eighteen months later). Many lawyers and others involved in implementing the Act have provided topical ‘school reports’ on the MCA including DoLS: for examples see:
Mental Capacity Law & Policy
Date: 31st May 2017
Synopsis: When deciding the care plan and residence of a person without capacity, there is no assumption that paid care is are always more sustainable in the long term than family and friends. If it is in
Summary: The Ministry of Justice has issued a call for evidence in to how the code of practice to the MCA 2005 should be amended. The consultation can be found here and closes on the 7 March 2019.
Implications for Practice:
The existing code of practice is becoming increasing
Local authorities have a range of statutory duties and delegated powers in relation to the wellbeing, and care and support, of adults. The importance of strategic managers, supervisors and the wider workforce being legally literate cannot be overstated. However, having a clear un
These practical resources will support staff in adult social care in developing their skills, knowledge and confidence in relation to writing for, and appearing at court. A resource for managers and supervisors is also included to enable them to grow and develop their team’
Legal literacy is a key issue in social work and social care. Recent high profile court cases, especially focusing on the Deprivation of Liberty Safeguards, highlight the importance of a sound knowledge of, and ability to critically reflect on, social care and the law.
Michael Preston-Shoot and Suzy Braye
The legal rules derived from the twin pillars of adult social care legislation – the Care Act 2014 and the Mental Capacity Act 2005 – are continuously evolving. The Care Act 2014 is now just one year into implementation, and already revis