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Keyword “Mental Capacity Act”
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

[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

[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] Supporting good court craft: Supervisors' Briefing

Upcoming publications
Published: March 2019

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

[PUBLICATIONS] Supporting good court craft: Resource hub

Upcoming publications
Published: March 2019

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’

[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

[BLOG] Technical knowledge is not enough: exploring legal literacy as a concept and in practice

March 2016, Research in Practice for Adults

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
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