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

Practice Hotspots

Trafford Learning Academy – Year of Action

What is the Year of Action?

To enable practitioners to make clearer links to how their practice under key legislations, for example The Care Act, Mental Capacity Act, and Mental Health Act, complies with human rights legislation.
The content will look to cover specialist topics such as safeguarding adults, 24 hour care, Covid-19 restrictions, capacity assessment etc. via a variety of content.

The intention is that by broadening the subject matter beyond the scopes of the individual acts, in line with HRA; it will help to reinforce that failure to comply with key legislations, gives rise to violations of someone’s human rights.

The reason for this action now is to prepare the workforce for the implementation of the Liberty Protection Safeguards that will replace the Deprivation of Liberty Safeguards, which relies on evidence from existing practitioners rather than independent specialists.

How will the Year of Action be delivered?

The YoA will cover a range of health and social care topics to help embed Human Rights in everyday practice. The assumption is, that if all practitioners comply with the Human Rights Act in all of the work they do, it ensures the best outcomes for the individuals who we work with.

This subsequently ensures any evidence required to authorise deprivation of liberty under the Liberty Protection Safeguards is of the required legal standard.

What do I need to do?

Take the opportunity to learn and embed new working practices

Commit to investing time to do this. If you don’t invest it now, before the Liberty Protection Safeguards begin, it will have a far greater negative impact when it does.

Maximise the possibility of ensuring everyone you work with is enabled full access to their human rights

Take part in the delivery
– What are you keen to learn (tell us)?
– Can you be a source of support for others?
– Are you interested in a particular subject?

The content will be delivered in various ways; such as:
– MS Teams sessions,
– Trafford Academy learning sets,
– Externally sources specialists
– YouTube resources
– Ripfa resources
– Team meetings
– Forums
– Workshops

If you wish to get in touch, you can do so by emailing Anne.hollis@trafford.gov.uk

Session 1: Introduction to Human Rights

Date: 04 August 2021
Time: 09:00 – 11:00
Venue: MS Teams
This session will cover:
• What are Human Rights?
• The Human Rights Act, 1998
• Application in Practice

Time and date for future sessions TBC.

 

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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