This section contains:

Please contact Neil Humphreys, DoLS Quality Assurance Manager at Trafford Council, using the Contact Form, if you have any queries or suggestions.

Practice Hotspots

Best interests decisions: A COVID-19 quick guide

“The Mental Capacity Act (MCA) is at the heart of good, empowering practice in health and social care. This quick guide aims to help people across social care and health settings to apply its provisions about making best interests decisions for or on behalf of people who lack the relevant capacity in the context of the COVID-19 pandemic”.

https://www.scie.org.uk/care-providers/coronavirus-covid-19/mca/best-interests-decisions

Community Care – Council failed to consider woman’s human rights when entering home without legal basis, says watchdog.

This article highlights the importance for adult social care staff to maximise and exhaust alternative strategies when trying to secure contact with someone, before considering entering their property without permission, and make sure that when considering doing so, they obtain legal permission.

https://www.communitycare.co.uk/2021/02/04/council-failed-consider-womans-human-rights-entered-property-without-legal-basis-following-safeguarding-concerns-says-watchdog/


Local Government Ombudsmen – Councils must put in place mechanisms and staff guidance in relation to moving a vulnerable or frail elderly resident to another more affordable residential home.

This article provides advice and guidance to practitioners and Councils in what considerations must be made when a decision to move a resident occurs due to them no longer being able to self-fund a more expensive placement.

https://www.lgo.org.uk/decisions/adult-care-services/assessment-and-care-plan/19-000-201


Decisional and executive capacity guidance – from Community Care

This article provides advice and guidance for practitioners undertaking mental capacity assessments where the ‘material time’ of a decision must be carefully considered.

When mental capacity assessments must delve beneath what people say to what they do


LPS – Updates

The Liberty Protection Safeguards (LPS) will eventually replace the Deprivation of Liberty Safeguards (DoLS) legal framework.

Liberty Protection Safeguards: what they are? (26 January 2021)

https://www.gov.uk/government/publications/liberty-protection-safeguards-factsheets/liberty-protection-safeguards-what-they-are


British Institute of Human Rights (Toolkits)

Mental Health, Mental Capacity and Human Rights – practitioner toolkits (British Institute of Human Rights)

Social Work Discussion Forums

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