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Topic “Legal literacy”

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[BLOG] The Mental Capacity Act – are we there yet?

October 2017, Research in Practice for Adults

Mel Bramwell ‘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?’ So

[PUBLICATIONS] Safety Matters: Practitioners’ Handbook - Revised Third edition (2019)

Practice Tools and Guides
Published: May 2019

Safeguarding adults means protecting a person’s right to live in safety, free from abuse, neglect, violence and exploitation. It is about promoting individuals’ wellbeing and preventing both the risk of, and the experience of, abuse and neglect wherever possible. This

[PUBLICATIONS] Supporting good court craft: Practice Tool (2019)

Practice Tools and Guides
Published: April 2019

This resource, and the tools contained within it, supports people working in adult social care to: develop their skills and knowledge in relation to writing for, and appearing at, court feel more confident in their court craft enable practice and decision-making which is transpa

[OTHER] Suggested reforms to the wider Mental Capacity Act (MCA) 2005

Synopsis 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

[PUBLICATIONS] Supporting good court craft: Supervisors Briefing (2019)

Supervisors’ Briefing
Published: April 2019

Court craft – the right blend of competencies to support confident assessment, analysis and presentation of information to court – is an important aspect of adult social care. Good, defensible decision-making is at its heart. This briefing aims to support good court c

[OTHER] News and Guidance: Proposed legislation to replace the Mental Capacity Act (MCA) deprivation of liberty safeguards (DoLS)

Background 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

[OTHER] News and Guidance: Happy birthday to the Mental Capacity Act 2005 (MCA)!

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  

[OTHER] Case 3: Re P (Mental Capacity Act 2005: Best Interests Test) [2017] EWCOP B26

http://www.bailii.org/ew/cases/EWCOP/2017/B26.html   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

[OTHER] News and Guidance: Consultation into Revising the Mental Capacity Act 2005 Code of Practice

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

[PUBLICATIONS] Legal literacy in adult social care: Strategic Briefing (2016)

Strategic Briefings
Published: February 2016

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. This bri
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