This collection of e-booklets and factsheets covers many of the symptoms and practical and legal issues associated with a brain injury. The legal issues section contains factsheets and guidance on disability discrimination law; insurance policies after brain injury; personal injury trusts; Adults with Incapacity (Scotland) Act; the Mental Capacity Act; the Mental Health Act in Scotland; claiming compensation after brain injury; and supporting decision making after brain injury.
This guidance has been drawn up with the approval of the senior judge of the Court of Protection, and sets out the circumstances when it may be necessary to make an application, and puts in place streamlined procedures for receiving applications relating to more than one person, thereby simplifying some parts of the court procedure.
This form can be used by housing providers to assess whether a prospective tenant has the mental capacity to understand and sign a tenancy agreement. It is based on the test of capacity from the Mental Capacity Act.
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.
[Updated 11 June 2021]
The Liberty Protection Safeguards (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. People who might have a LPS authorisation include those with dementia, autism and learning disabilities who lack the relevant capacity. A LPS authorisation can have effect immediately, or at any time within 28 days of the authorisation being issued. A person’s first authorisation and renewal can be up to 12 months. Renewals can last for up to 36 months.
[Updated 11 June 2021]
The Liberty Protection Safeguards (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 who lack the mental capacity to consent to their arrangements. People who might have an LPS authorisation include those with dementia, autism and learning disabilities who lack the relevant capacity. Once the LPS process has been triggered, the Responsible Body should determine whether the 3 authorisation conditions are met. These are: the person lacks the relevant capacity to consent to the arrangements; the person has a mental disorder, as defined by the Mental Health Act 1983; the arrangements are necessary and proportionate, that is, the arrangements are necessary to prevent harm to the person and proportionate to the likelihood and seriousness of the risk of harm to the person. To determine whether the authorisation conditions are met, there are three assessments and determinations which must be carried out: the capacity assessment and determination; the medical assessment and determination; the necessary and proportionate assessment and determination.
[Updated 11 June 2021]
The Liberty Protection Safeguards (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 who lack the mental capacity to consent to their arrangements. People who might have an LPS authorisation include those with dementia, autism and learning disabilities who lack the relevant capacity. Under LPS, the Responsible Body will authorise arrangements that amount to a deprivation of liberty to enable care or treatment. This guidance explains which organisations are Responsible Bodies, which will vary according to where the arrangements are mainly carried out.
[Last updated 11 June 2021]
The Liberty Protection Safeguards (LPS) will provide protection for people aged 16 and above who are, or who need to be, deprived of their liberty to enable their care or treatment and who lack the mental capacity to consent to their arrangements. People who might have an LPS authorisation include those with dementia, autism and learning disabilities who lack the relevant capacity. The approved mental capacity professional (AMCP) is a new, specialist role providing enhanced oversight for those people who need it most. AMCPs will be independent, trained, registered professionals.
[Updated 11 June 2021]
This guidance provides information about national plans for workforce training and readiness work to support implementation of Liberty Protection Safeguards in England. The Liberty Protection Safeguards (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. People who might have a LPS authorisation include those with dementia, autism and learning disabilities who lack the relevant capacity. LPS will replace an existing system (the Deprivation of Liberty Safeguards (DOLs)) and extend protections to more settings and people, including young people aged 16 and 17. The government has established two English implementation support programmes as follows: Local Government Implementation Support Programme; and Social Care Providers Implementation Support Programme. The government is working with the NHS in England, including Health Education England, on plans for a third implementation support programme for health.
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.
Annual report of the Chair of the National Mental Capacity Forum, examining the Forum’s work over the year, the Chair’s priorities for the coming year, and details of Forum members. The report covers: the five principles of the Mental Capacity Act 2005; progress against priority actions from previous year; education and training; independent, daily living; the Court of Protection; supported living standards and inspections; supported decision-making; fluctuating capacity; best interest decision-making; the interface between the Mental Health Act (MHA) and the MCA; and the Mental Capacity (Amendment) Act 2019. The document also sets out the National Mental Capacity Forum’s priorities for the coming year, including revising the Code of Practice for the MCA; reviewing the rights and ability of people to form a relationship and show affection, including sexual expression of affection, between consenting adults; promoting support for people to make their own decisions; and commissioning a specific report into the deterioration in culture that occurs in some care settings, particularly how it relates to ongoing training and other aspects of individual staff support provided in these settings.
The first annual report by Baroness Finlay, the chair of the National Mental Capacity Forum, which provides details of the forum’s membership and its early work and achievements to implement the Mental Capacity Act. It also highlights some of the challenges raised by people implementing the Mental Capacity Act where further progress is needed. The Chair’s priorities to strengthen the implementation of the Act for the following year cover: hearing the voice of the person, improving practitioners understanding of the Mental Capacity Act, improved support for carers of people with impaired capacity, and to reduce and prevent the exploitation of vulnerable people by financial and other scams.