As you will be aware, the health and social care sector (like others) is working hard to maintain essential services in what are extremely challenging times. Whilst the manner in which many of us work is being adapted in line with current Government and Public Health England guidance, it is recognised that much of the work we undertake can’t simply just stop. So, there is a balance to be had between ensuring, as far as possible, the wellbeing of everyone (especially vulnerable people) and maintaining vital services. I am committed to maintaining as many of the services I provide throughout this period of uncertainty whilst acting responsibly to help ensure the safety of those I work with, vulnerable people and their carers.

To this end, until further notice, the following will apply:

Where possible, I will assess and consult people using non face-to-face methods such as Skype and telephone calls. Sometimes this is not possible and, in those situations, where safe to do so, I will continue with a face-to-face approach. If this is required, current Government guidelines will be followed. Whichever method will be adopted will depend entirely upon the nature and urgency of the work and will be discussed with the instructing party and care providers where applicable.

I wish you a safe and healthy time as we work together over the coming months,

Best Wishes, Gary.

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Tel: 0203 617 1255

Mental Capacity (Amendment) Bill Update

The Government has recently tabled its amendments to the Mental Capacity (Amendment) Bill ahead of the report stage of the Bill in the House of Lords on 21st November 2018. This isn’t the amendments in their entirety but the headlines (which are a shift in the direction of the Law Commission’s original proposals) are:

  • Extending the Liberty Protection Safeguards to 16 and 17 year olds
  • Replacing the term “unsound mind” with “mental disorder”
  • Explicitly stating that the cared-for person must be consulted with
  • Explicitly stating that the cared-for person’s wishes and feelings must be considered as part of the necessary & proportionate assessment
  • Requiring responsible bodies to decide if care home managers should arrange the assessments and statement or if the responsible body takes on these functions
  • Requiring that assessments cannot be carried out by someone with a financial conflict of interest
  • Confirmation that the responsible body arranges the pre-authorisation review
  • A duty to appoint an IMCA if a person doesn’t have an ‘appropriate person’ representing them, unless it is in the person’s best interests not to have an IMCA
  • Removing the requirement that a care home manager must notify the responsible body whether or not an IMCA should be appointed
  • Requiring that medical and capacity assessments must be completed by those with appropriate experience and knowledge.

If you would like to keep up to date with future amendments, they can be found here.