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Government Response to the proposed Liberty Protection Safeguards

In a Written Ministerial Statement published yesterday, Health Minister Caroline Dinenage said the government broadly agreed with the Liberty Protection Safeguards model proposed by the Law Commission in 2017 and would legislate “when parliamentary time allows”.  The statement also acknowledged that the current DoLS (Deprivation of Liberty Safeguards) system should be replaced as a matter of “pressing […]

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How will the Liberty Protection Safeguards work in practice?

On the home page, I explain the Liberty Protection Safeguards proposals from the Law Commission and in a previous post, highlighted the very resent request from the Government, asking for written submissions to the Joint Committee on Human Right’s inquiry on the Deprivation of Liberty Safeguards. In principle, the Liberty Protection Safeguards proposals are a positive step […]

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Liberty Protection Safeguards: Reform of the Deprivation of Liberty Safeguards

The Government is asking for written submissions to the Joint Committee on Human Right’s inquiry on the Deprivation of Liberty Safeguards. However, you only have until Friday 2nd March 2018 to submit your responses. Submissions should be no more than 1,500 words and they are particularly interested to hear evidence from interested parties on: Whether […]

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What is a Mental Capacity Assessment?

In a previous post, I introduced the Mental Capacity Act and the fact that some people can’t make some decisions for themselves. In such cases, the Mental Capacity Act and other case law provide frameworks and tests used to assess whether a person has the Mental Capacity to make a particular decision. The Mental Capacity […]

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What is Mental Capacity?

Mental capacity is the ability to make decisions. Sometimes decisions are relatively simple and made on a daily basis such as what to wear, what to eat and what to do that day.  Other times, decisions are more complex, made less often and might have legal implications such as agreeing to medical treatment, making a […]

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Liberty Protection Safeguards: Government Interim response to the Law Commission report on Mental Capacity and Deprivation of Liberty

Today the Government published an interim response to the Law Commission report on Mental Capacity and Deprivation of Liberty. The statement was made by Jackie Doyle-Price, Parliamentary Under-Secretary of State for Health. The Government have welcomed the report and it is now being carefully considered. Part of that consideration is to consult various stakeholders to […]

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Best Interests Assessor Update Training… Did You Know?

We’ve just released our first dates for our new BIA Update Training for newly qualified Best Interests Assessors and those that haven’t undertaken assessments recently. Take a look at the calendar and book yourself in today because there’s a lot of interest. Feedback from our other BIA Update Training has identified that whilst update training […]

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Best Interests Assessor Update Training

Did you know we provide update training for Best Interests Assessors and S.12 Doctors? It is a legal requirement for all qualified BIAs to undergo regular training that is relevant to the role.  We can provide group sessions for Local Authorities or individual places at one of our open courses that take place across Bournemouth, […]

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Welcome Along

Welcome! My name is Gary and I’m the director of Social Care Dorset, a Health and Social Care training company based in Dorset. As well as providing training services, I practise as a specialist mental capacity assessor for the legal profession and a best interests assessor (Deprivation of Liberty Safeguards). I’ve developed this site to […]

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Is Person-Centred Care Still a Luxury?

Yesterday, I heard 2 heart-warming stories of how care homes had considered how they might provide a person-centred service to their residents.  The first was a gentleman who, along with some other residents had spent his whole adult life working in and running pubs.  His short-term memory had declined but he often spoke about drinks, […]

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Hello Liberty Protection Safeguards, We’ve Been Expecting You

Yesterday (13th March 2017), the Law Commission published it’s long awaited report about the Mental Capacity Act 2005 (MCA) and Deprivation of Liberty.  It’s a biggie and if you prefer the summary, it can be found here.  The Deprivation of Liberty Safeguards (DoLS) have been fraught with criticism since their inception in 2009.  None less […]

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Mental Capacity Train The Trainer

Would you like to have a mental capacity champion in your workplace? Someone who can train your staff team and ensure good practice throughout. At the moment the best that most organisations can achieve is to send each member of staff to a half or whole day generic training session…. But all that’s about to […]

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Mental Capacity: Best Interest Decisions

The Mental Capacity Act is very clear that an assessment of a person’s capacity to make a decision shouldn’t be based simply upon their age, appearance, assumptions about their condition or any aspect of their behaviour. And of course it should be presumed that a person has capacity to make a decision unless it can […]

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Deprivation of Liberty Safeguards: The Future Looks a Little Less Clear

Deprivation of Liberty Safeguards Yesterday the Law Commission published their Mental Capacity and Deprivation of Liberty Interim Statement. It follows their consultation paper published in July 2015 which set out a complete overhaul of the Deprivation of Liberty Safeguards (DoLS) and proposed a new ‘Protective Care’ scheme that was wider in scope than the current […]

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Mental Capacity: Communication

When we last spoke, I shared a brief story of how thoughtful communication can be the difference between assessing a person as having capacity to make a decision or not. Today, I’d like to share two different aspects of communication in relation to assessing mental capacity. First, in order to assess a person as having […]

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