COVID-19 resources on mental capacity

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Face-to-face DoLS assessments strongly discouraged in high-risk Covid areas

Community Care

A brief overview of current guidance relating to face-to-face Deprivation of Liberty Safeguards (DoLS) assessments, highlighting that practitioners should only carry out face-to-face assessments “in exceptional circumstances” in areas covered by tier 2 and 3 Covid-19 restrictions. Updated guidance also says that people without relevant capacity are unlikely to be committing offence if they breach self-isolation regulations.

Last updated on hub: 20 October 2020

Adult social care: Covid-19: winter plan 2020-2021 newsletter

39 Essex Chambers

This note provides an overview of the Department of Health and Social Care (non-statutory) guidance ‘Adult social care: our COVID-19 winter plan 2020 to 2021’. It discusses the key issues for local authorities, and in particular the interplay with the wellbeing principles of the Care Act 2014, including managing a potential conflict in terms of the wellbeing of both care home residents and those in the community with care and support needs as regards prevention of C-19. It also looks at the implications of the winter plan for the right to respect for family and private life, addressing the tension between the imperative to protect the health of social care users (and the social care workforce) and the need to respect the family life and private life rights of those who might be subject to protective restrictions. Finally, it explores the impact of the winter plan on deprivation of liberty safeguards, in particular in relation to testing and 14-day isolation requirements.

Last updated on hub: 06 October 2020

Webinar recording: Public health and human rights in the COVID-19 pandemic

Chaired by Baroness Ilora Finlay with technical host, Prof Wayne Martin. This webinar discussed public health and human rights in the COVID-19 pandemic

Last updated on hub: 01 October 2020

Webinar recording: COVID-19, DoLS, and Best Interests

This webinar was chaired by Baroness Ilora Finlay and the technical host was Prof Wayne Martin and discussed COVID-19, DoLS, and best interests.

Last updated on hub: 01 October 2020

Supporting you to make decisions while caring for someone living with dementia during Coronavirus (COVID19) and beyond

University College London (UCL)

This document guides carers of people living with dementia through the process of making difficult decisions during the Covid-19 pandemic whilst taking into consideration wishes and preferences of those they care for and the legal aspects of making decisions. The guide covers a number of decisions carers may need to make if the person they are caring for has or is suspected to have Covid-19. These include decisions such as how to care for them if they are unable to visit them, whether they should go to hospital if they become unwell and what it means to have a do not attempt cardiopulmonary resuscitation order. The guide also provides useful tips for carers such as the Covid-19 symptoms to watch out for which may differ to the commonly recognised symptoms, where to find help and support when making decisions and how to look after yourself as a carer. Topics covered include: thinking about any existing advance care plans; wishes and preferences; legal aspects of decision making; managing care at home; supporting someone in a care home; admitting them to hospital if they are very unwell; support for carers; and how carers can look after themselves during coronavirus and beyond.

Last updated on hub: 15 September 2020

DoLS and Best Interests in response to Covid-19

National Mental Capacity Forum

This webinar explores the implications of Covid-19 and the lockdown for deprivation of liberty safeguarding and best interest decisions. It covers early issues raised with the Welsh Government; worries from those with learning difficulties; DoLS guidance; DoLS in practice; the law regarding best interests decision making; and critical care decision making and Covid-19.

Last updated on hub: 15 September 2020

Learning from your experience: taking stock – looking forward

National Mental Capacity Forum

This webinar looks at the challenges of implementing the Mental Capacity Act 2005 during the Covid-19 pandemic. It examines specific issues that frontline staff may face, for instance determining whether testing is a treatment, lessons learnt and examples of good practice.

Last updated on hub: 15 September 2020

Acting as an attorney or deputy from a distance: COVID-19 and supporting others

Office of the Public Guardian

An overview, signposting to relevant resources and guidance, on how an attorney or deputy can continue to fulfil their role during the Covid-19 pandemic and lockdown.

Last updated on hub: 10 September 2020

Deprivation of Liberty Safeguards: annual monitoring report for health and social care 2018-19

Care Inspectorate Wales

This is the annual monitoring report of Care Inspectorate Wales and Healthcare Inspectorate Wales on the implementation of Deprivation of Liberty Safeguards (DoLS) in Wales. The findings show that the total volume of applications received by local authorities increased by 6% in 2018-19 - however, for health boards, the number of applications has remained relatively stable for the last two years; roughly three quarters of applications sent to health boards are for urgent authorisations; the majority of DoLS applications are for individuals who are aged 65 or older; the vast majority of the applications that were refused were on the grounds of mental capacity – the authoriser required further evidence that the person lacked the mental capacity to make the decision in question before the DoLS application was accepted; most standard applications were not completed in 28 days – supervisory bodies are unable to assure themselves that people’s human rights are not being breached by being deprived of their liberty unlawfully; very few people were referred to Independent Mental Capacity Advocates (IMCAs) or referred to the Court of Protection.

Last updated on hub: 08 September 2020

The National Mental Capacity Forum: Chair's annual report 2019-2020

Ministry of Justice

This is the fourth annual report of the National Mental Capacity Forum. Against the backdrop of the Covid-19 crisis, the report spans three main aspects of the Forum’s work: evaluation of the efficacy of the Forum over its first four years in changing awareness of the Mental Capacity Act (MCA) and its implementation; the legislative changes that resulted in the Mental Capacity (Amendment) Act 2019 to move from Deprivation of Liberty Safeguards (DoLS) to Liberty Protection Safeguards (LPS); and actions taken from the outset of the pandemic to meet the needs of those who are protected by the MCA and support those providing care and having responsibility for the wellbeing of people with impairments of mental capacity.

Last updated on hub: 01 September 2020

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