COVID-19 resources on mental capacity

Results 1 - 10 of 21

Order by    Date Title

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

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

Coronavirus (COVID-19) webinars from the National Mental Capacity Forum

National Mental Capacity Forum are running a series of rapid response webinars.

Last updated on hub: 29 April 2020

Coronavirus (COVID-19): looking after people who lack mental capacity

Department of Health and Social Care

Brings together emergency guidance for health and social care staff in England and Wales who are caring for, or treating, a person who lacks the relevant mental capacity during the coronavirus outbreak. The guidance ensures that decision makers are clear about the steps they need to take during this period. It focuses on new scenarios and potential ‘deprivations of liberty’ created by the outbreak. During the outbreak, the principles of the Mental Capacity Act 2005 (MCA) and the safeguards provided by the deprivation of liberty safeguards (DoLS) still apply. The MCA provides protection for people who lack or may lack the relevant mental capacity to make decisions about different aspects of their life. The DoLS are an important part of this act and provide further safeguards for those who need to be deprived of their liberty in order to receive care or treatment in a care home or hospital, but do not have the capacity to consent to those arrangements. [Published 9 April 2020. Last updated 15 October 2020]

Last updated on hub: 16 June 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

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

Emergency Code of Practice: Coronavirus Act 2020 Mental Capacity (Deprivation of Liberty) (Amendment) Regulations (Northern Ireland) 2020

Department of Health, Social Services and Public Safety, Northern Ireland

The Coronavirus Act 2020 and temporary Regulations makes amendments to the Mental Capacity Act (Northern Ireland) 2016 and the supporting Regulations. The temporary provisions relax some of the requirements of Deprivation of Liberty Safeguards during the Coronavirus (COVID-19) emergency, to ensure that persons can still be deprived of liberty during the pandemic crisis when staff availability may be significantly reduced. This Code of Practice provides practical guidance on how the amendments operate. Emergency forms and a reporting template for Health and Social Care Trusts have also been created.

Last updated on hub: 28 April 2020

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

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

Legal guidance for mental health, learning disability and autism, and specialised commissioning services supporting people of all ages during the coronavirus pandemic

NHS England

This document provides advice on the impact of the coronavirus (COVID-19) on the use of the Mental Health Act and supporting systems to safeguard the legal rights of people receiving mental health, learning disabilities and specialised commissioned mental health services. It covers key issues in relation to: the Mental Health Act 1983; the Mental Capacity Act 2005; the Care Act 2014 and restraint and restrictive practice. It also includes specific considerations for specialised mental health services, learning disability and autism services, and for mental health and the criminal justice system. The guidance is for commissioners, providers, social workers, local authorities, experts by experience, clinical experts, independent chairs for Care and Education and Treatment Reviews, and others who may be involved in pathways of care. The document will be regularly updated to reflect the rapidly changing context. This is the second version of the guidance updated on 19 May 2020.

Last updated on hub: 14 May 2020

Order by    Date Title