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Keyword “Mental Capacity Act”
Topic “Legal literacy”
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‘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?’
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 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
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
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
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
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.