MCA resources

Results 1 - 10 of 368

Order by    Date Title

Rapid response guidance note: vaccination and mental capacity (first update)

39 Essex Chambers

A general discussion examining to the legal position in relation to testing for COVID-19, especially as testing (a) starts to be more generally available; and (b) is increasingly been rolled out as mandatory in certain settings. It primarily relates to the position in England in relation to those aged 18 and above; specific advice should be sought in respect of Wales and those under 18.

Last updated on hub: 12 January 2021

Advocacy with people with learning disabilities and autistic people, who are subject to seclusion, segregation or restraint

VoiceAbility

Independent advocacy is crucial to make sure a person’s voice is heard and their human rights are protected. This is especially important when a person is subject to compulsory and restrictive powers. Consistent and effective advocacy must be provided to people who most require it, whenever they require it, including to people with learning disabilities, autism or both, who are subject to long term segregation. Improvement to the delivery and commissioning of advocacy is required to achieve this. This briefing highlights the key features of advocacy for people with learning disabilities, autism or both who are in long term segregation, which must be accessible, highly competent, holistic, independent and perceived to be so, connecting, supporting and joined up. The paper also sets out two commissioning options: national commissioning – the model could be specified clearly, activated promptly, its delivery easily monitored, and there would be a clear line of sight on the resources; and local commission – this would allow locally commissioned services to align with most existing statutory provision. Irrespective of the commissioning arrangements, the service must be able to undertake the full range of statutory advocacy duties, rather than referring the person on and requiring that they relate to several advocates. The paper conclude with eight recommendations, including ensuring that advocacy for people in long term segregation is provided on an opt-out basis, to ensure a greater number of people in long term segregation receive the timely advocacy support and representation they need for their voice to be heard and their rights upheld.

Last updated on hub: 05 January 2021

Your rights when detained under the Mental Health Act in England: forensic sections

Equality and Human Rights Commission

This introductory guide is for people detained under section 35, 36, 37, 37/41, 38, 45A, 47, 47/49, 48 or 48/49 of the Mental Health Act. These are people who are suspected or have been convicted of a crime and the courts and doctors have decided that they need to stay in a mental health hospital to get support and care for their mental health condition. The guide explains what rights individuals have and what should happen to them at different stages through their journey in hospital. There are six parts to this guide. The first four parts (A-D) relate to the different stages of stay in hospital in time order, covering: the decision to detain; being detained in hospital; staying in hospital; and leaving hospital. Part E explains how to make a complaint at any stage of one’s stay in hospital; and Part F explains some of the key terms used in this document.

Last updated on hub: 05 January 2021

Introductory guide: your rights when detained under the Mental Health Act in England: forensic sections

Equality and Human Rights Commission

This introductory guide is for people detained under section 35, 36, 37, 37/41, 38, 45A, 47, 47/49, 48 or 48/49 of the Mental Health Act. These are people who are suspected or have been convicted of a crime and the courts and doctors have decided that they need to stay in a mental health hospital to get support and care for their mental health condition. The guide explains what their rights are and what should happen to them at different stages through their journey in hospital. Sections cover: which section of the Mental Health Act can I be detained under; how should the decision to detain me be made; your right to speak to an independent mental health advocate; what can you or your nearest relative do if you think that you shouldn’t be in hospital; and additional guidance for people who need to stay in hospital and how disabled people can get extra help.

Last updated on hub: 05 January 2021

Your rights when detained under the Mental Health Act in England: civil sections

Equality and Human Rights Commission

This guide is for people detained under section 2 and 3 of the Mental Health Act or if you are staying in hospital as a voluntary patient. A voluntary patient (also called an informal patient) is someone who is in hospital but is not detained under the Mental Health Act. They can leave hospital at any time. However, if health professionals are concerned about their safety or the safety of others, they can stop them from leaving for up to 72 hours. The guide explains what rights individuals have and what should happen to them at different stages through their journey in hospital. There are six parts to this guide. The first four parts (A-D) relate to the different stages of stay in hospital in time order, covering: the decision to detain; being detained in hospital; staying in hospital; and leaving hospital. Part E explains how to make a complaint at any stage of one’s stay in hospital; and Part F explains some of the key terms used in this document.

Last updated on hub: 05 January 2021

Introductory guide: your rights when detained under the Mental Health Act in England: civil sections

Equality and Human Rights Commission

This introductory guide is for people detained under sections 2 and 3 of the Mental Health Act, or people who are in hospital as a voluntary patient. A voluntary patient (also called an informal patient) is someone who is in hospital but is not detained under the Mental Health Act. Sections cover: why am I being detained; how should the decision to detain me be made; your right to speak to an independent mental health advocate; what can you or your nearest relative do if you think that you shouldn’t be in hospital; and additional guidance for those who need to stay in hospital and extra help for disabled people.

Last updated on hub: 05 January 2021

Webinar recording: MCA and COVID vaccinations in care homes

Social Care Institute for Excellence

With the imminent roll-out of COVID vaccinations in care homes, the National Mental Capacity Forum will host a Rapid Response Webinar to share knowledge and reinforce good practice in consenting patients for the new COVID vaccinations, and to empower clinicians to have meaningful engagement with vaccine recipients.

Last updated on hub: 16 December 2020

Liberty Protection Safeguards: overview of the process

Information about the LPS system, which will be replacing the Deprivation of Liberty Safeguards (DoLS). DoLS is the system used to authorise the care or treatment arrangements of an individual who lacks mental capacity to consent to their arrangements. These safeguards apply when a person is ‘deprived of their liberty’ in a care home or hospital, in England or Wales. This guidance covers: making a referral; representation and support; assessments and authorisation; and reviews.

Last updated on hub: 08 December 2020

Monitoring the Mental Health Act in 2019/20: the Mental Health Act in the COVID-19 pandemic

Care Quality Commission

This annual report on CQC monitoring of the Mental Health Act (MHA) puts a specific focus on the impact that the COVID-19 pandemic has had on patients detained under the MHA, and on the services that care for and treat them. The findings indicate that: planning for individuals’ discharge from hospital continues to be essential and is particularly important during the pandemic period due to the increased burden on all services, including those in the community; some services showed exemplary practice in the co-production of care with patients, including infection control measures; in many services the physical environment requires modernisation and doing so would have the added positive impact of making infection control easier; some services continued to uphold restrictions on patients’ movement, activities and leave for longer than seemed necessary; many services invested in software to help detained patients to stay connected with their family and other sources of support during the pandemic; detained patients’ access to advocacy services was made more difficult during the pandemic, but such services played an even more crucial role where patients’ lives were more limited by infection control measures; there needs to be careful evaluation of using remote technology should aspects of them continue after the pandemic abates.

Last updated on hub: 03 December 2020

Liberty Protection Safeguards: what they are

Department of Health and Social Care

Information about the Liberty Protection Safeguards (LPS) system, which will be replacing the Deprivation of Liberty Safeguards (DoLS). The LPS will provide protection for people aged 16 and above who are or who need to be deprived of their liberty in order to enable their care or treatment and lack the mental capacity to consent to their arrangements. The guidance outlines the key changes introduced by the LPS: three assessments will form the basis of the authorisation of Liberty Protection Safeguards; greater involvement for families; targeted approach; extending the scheme to and 16 and 17-year-olds; extending the scheme to domestic settings; and the roles of clinical commissioning groups (CCGs), NHS trusts and local health boards as Responsible Bodies.

Last updated on hub: 30 November 2020

Order by    Date Title