Applications and authorisations: implications of recent judgments, House of Lords Report / Government Response implications for Local Authorities

Size: px
Start display at page:

Download "Applications and authorisations: implications of recent judgments, House of Lords Report / Government Response implications for Local Authorities"

Transcription

1 Applications and authorisations: implications of recent judgments, House of Lords Report / Government Response implications for Local Authorities Paula Scully Adult Care Solicitor Derbyshire County Council

2 Jargon! MA -Managing Authority RP- Relevant Person who is subject to DOLs BIA- best interests assessor; MH Assessor- Mental Health Assessor SB - Supervisory Body RPR- relevant person s representative DOLs IMCA- Independent Mental Capacity Advocate Authoriser- (not Signatory), DOLS decision maker DOL-Deprivation of Liberty DOLS- Deprivation of Liberty SAFEGUARDS Authorisation

3 Cheshire West SC Judgment Acid test- person without capacity to consent to being accommodated for care / treatment is under continuous supervision and control and not free to leave= DOL. State responsible. DOLs can issue if a care home/hospital If DOLs not possible, will need to go to COP for orders from and adults for authority for DOL in community and domestic settings

4 Recent judgments of significance Cheshire West judgment- more inner focused on what is occurring in the residential settingdegree of supervision, support, control, size of package, why they are not allowed to leave Let s not forget the Neary judgment- ref! Breaches of Article 8 rights - duty on Local Authorities to promptly bring unresolved welfare disputes to COP rather than use DOLs to avoid resolving issues with family & relevant person

5 Role of the State/LA Storck v Germany the State has a positive obligation to take measures providing effective protection of vulnerable persons, including reasonable steps to prevent a DOL of which the State have or ought to have knowledge So, if a Council/Trust know of DOL in a person s own home, there is a duty to take it to Court if carer does not stop DOL

6 Re X & Ors (DOL) [2014] EWCOP 25 Establishes process for COP authorisation for DOL in Supported living and domestic settings Separate proceedings for each person Medical evidence of unsoundness of mind (A5 ECHR)- GP will suffice, but likely to want a fee Lack of capacity proof Care and treatment plan How the State is responsible for the DOL Draft order, length of order, specific conditions Best interests analysis and no less restrictive option Wishes of P and family- do they support DOL? P s eligibility for legal aid if order on papers, no legal aid.

7 Re X -2 Reasons for urgency Contentious issues for the Judge to assist in deciding whether paper or oral hearing;- Objections by P or family Issues around best interests Non contested issues will be heard on papers but with right to oral hearing if request made. 50 pages max for the application Can do one statement setting out similar regime for a no. of people in the same SL placement but must issue proceedings for each person P to be given opportunity to become a party, and even if not a party to be given support to participate and share views. If given support but does not want to be a party, then will not become a party If P becomes a party, then must have litigation friend who does not need to act via a solicitor/counsel but needs court s permission to so act Review of order every year

8 Implications for Re X COP forms being amended No RPR for P when court order for DOL made Who will agree to act as Litigation Friend- family member, IMCA, disability advocate? Do you move P from hospital to SL before court order obtained or after? Risk that P s best interests and A 8 rights infringed if he stays in hospital waiting for months for an order approving DOL when moves to SL But see PS and Salford judgment below- need to obtain DOL authority before move to SL where DOL will or may occur

9 Implications of Re X Many people with LD in SL placements may have severe communication problems and severe incapacity How will their views be elicited? Will ISWs/SALTs be appointed to try to elicit views or will family s views be assumed to represent P s views/ Should Local Authorities commission advocacy services to act as LFs to ensure P is represented? Implications for legal aid budgets if P always represented LA budgets- 400 per application and 500 hearing fee will COP still charge hearing fee if hearing is not oral? Will GPs/Psychiatrists cooperate in certifying unsoundness of mind? Will a different SW but employed by LA do the capacity assessment or will Doctors do it? 150 minimum

10 Implications of Re X Should Local Authorities ask mental health assessors to complete medical /capacity reports for COP? BIAs too busy to do BI Assessments for COP- use them to train up SWs and senior practitioners to do BI assessment Preferably P s SW should not do BI assessment, but use more senior SW COP did not extend urgent authorisations which had expired after 7/14 days COP has a rules committee to improve COP Rules

11 Implications of Re X Will cash strapped Local Authorities consider moving some Ps to care homes and use DOLs rather than take COP proceedings for DOL order? What will COP do re orders of DOL for sex offenders in SL- danger that Police and Psychologists want Local Authority to contain/preventatively detain this P to prevent him offending Is MCA appropriate for control orders against sex/violent offenders or should there be a new regime for such offenders lacking capacity to make decisions about these matters?

12 Implications Cheshire West More s21a DOLs appeals to COP as non compliance with Statutory deadlines Will COP extend authorisation granted on flawed application form 4 or substitute its own order If DOLs authorisation removed by COP, no RPR, will impact on role of RPR as Litigation Friend and legal aid of P

13 Y County Council v ZZ (2012) MHLO 179 (COP) Court held that the restrictions, close supervision and escort into the community on paedophiliac were in his best interests. They were designed to keep him out of mischief, to keep him safe and healthy, to keep others safe, to prevent the sort of situation where a child s relative wanted to do him serious harm, and they were there to prevent him from getting into serious trouble with the police.

14 J Council v GU & Ors [2012] EWHC 3531 Paedophiliac had his telephone, correspondence and movements monitored. He was also strip searched at times. The restrictions were so severe that a special policy was prepared dealing with the restrictions. The long term restrictive regime accompanied by invasive monitoring required review by the Trust and CQC from time to time as they were such serious restrictions of his Article 8 rights. if he had been in a secure psychiatric hospital, he would have been subject to statutory safeguards but there was no similar guidance for those detained under DoLS.

15 A Local Authority v A & Ors [2010] EWHC 978. Local Authorities do not have power to regulate, control, compel, restrain, confine or coerce other than where they have statutory powers to do so. No specific power authorising LA to confine offender in case he harms others, though if he does, then risk of harm to him by interfacing with criminal justice system

16 Re PS an adult [2007] EWHC 623 Court has power to direct that a person lacking capacity shall be placed at and remain in hospital, residential unit, care home or secure unit and be detained there Use of reasonable force (if necessary) to detain him and ensure that he remains there Detention must be authorised by court before the detention commences Must be unsound of mind of a kind or degree warranting compulsory confinement

17 Recent judgment year olds Liverpool City Council v SG & Ors [2014] EWCOP 10- person now over 18 in a children s home can be deprived of their liberty. Duty on LA to apply to COP for order authorising DOL. Judgment was based on an agreed position of the parties, so did not overturn Ofsted & COP DOL Guidance for Providers of Children s Homes and residential special schools That guidance stated COP had no jurisdiction to order DOL which would breach Children s Homes Regs 2001 as amended. COP still to decide whether Ofsted Guidance is still applicable to the 6500 Young Persons over 16 still residing in care homes, children s homes & residential special schools

18 Re GJ, NJ and BJ (Incapacitated Adults [2008] EWHC 1097 (Salford 1) The detention must be authorised by the court on application made by the local authority and before the detention commences (as per Re PS). Care plan setting out why DOL required and how Reasonable & proportionate measures to be taken to prevent BJ leaving and measures amounting to DOL within the facility Prevent a risk of harm to himself and/or to others Measures to regulate when BJ may have contact with family, friends and acquaintances and for GJ, permission to refuse such contact

19 Re GJ - 2 Court recognised resource issues concerning regular reviews by the Court but with DOL, resources are at end of the list 1 st review after perhaps ex parte order within 4 weeks Court review every 12 ms after final order (A5(4)) LA internal reviews 8-10 weeks Official Solicitor to remain litigation friend to attend internal reviews/court reviews At review, brief reports from ISW on best interests; independent psychiatrist on capacity & best interests and from P s Social Worker Liberty to apply at short notice; reviews do not have to be oral hearings; preferably before the same Judge

20 Salford City Council v BJ [2009] EWHC 3310 (Fam)- Salford 2 Court review may be on the papers, but with the safeguard that the parties would be entitled to request and the judge to require an oral hearing where appropriate LA internal review every 6 ms Court review every 12 months LSC accepted that prior to each review a yearly public funding certificate may be sought to enable OS to act as LF

21 Recent judgment- capacity to consent to DOL Some Assessors may decide that the RP has capacity and thus no DOLs can be issued Has the Assessor considered the correct questions? Consider the concrete situation & their understanding of it. The information which must be understood, retained, used and weighed extends to some information about the context in which the deprivation is being imposed, i.e. the care /treatment regime not just the DOL itself (A PCT v LDV [2013] EWHC 272 (Fam))

22 Recent judgments- duty to work together NH NHS Foundation Trust v ML (2014) EWCOP 2- COP criticised polarised professionals some[ professionals], though certainly not all, witnesses have overstated their cases, been selective in their use of material, emotive in their use of language, disrespectful to those who hold contrary views. Need to effectively work together to obtain best outcomes for RP despite different professional beliefs.

23 Implications of recent judgements what has changed? Cheshire West-positives- increased scrutiny of extent of supervision /control and more adults under DOLs Negatives- chaos in Supervisory Bodies, more breaches of statutory deadlines, concerns at liability issues arising from unlawful Dol created by not issuing authorisations in time

24 Liability for delays in taking welfare dispute to COP Local Authority v Mrs D (2013) EWHC B34 (COP) LA-non-admission of liability but agreed apology for the delay in bringing proceedings; (b) 15,000 to Mrs D; (c) to pay costs (d) 12,500 to Mr D; (e) to pay Mr D's costs 6 weeks before 1 st DOLs issued; Successive DOLs authorisations stating that they were conditional on COP application being taken but none taken for 10 months; Mrs D very distressed at not returning home

25 What should a managing authority consider before applying for a DOLs? What are the Person s wishes about where they live and care/treatment regime Have they capacity to decide on residence, care package and DOL? Examine your own care plan; any mismatch between the plan and what is happening and with the Local Authority/Health care plan? Scrutinise behaviour management plan especially restraint and PRN medication Review care plans with commissioner /professionals to reduce continuous supervision and control Does the person need that level of control? Is it generated by a risk adverse /over protectionist perspective? Is there a welfare dispute with P? Is there a contact dispute with family? Is DOLs appropriate to temporarily deal with the dispute pending commissioners applying to COP?

26 What should a managing authority consider before applying for a DOLs? If restrictions cannot be reduced, and it is in P s best interests to continue them, contact DOLs office for advice re current workload, pros and cons of urgent authorisation, and whether Supervisory Body is able to issue standard authorisation within 7/14 day period Decide what strategies to adopt if SB not complying with statutory deadlines Complete form 4/form 1 correctly- correct timelines, correct LA for Ordinary residence

27 Acute Hospital Managing Authority Why is the person under continuous supervision and control? Will this continue beyond a max of 7 days? Is the patient under 1:1 care or not Could medication be reviewed to control symptoms leading to the need for more intensive supervision Prioritise patients objecting to their stay, family internal conflict or with Hospital Has your discharge planning process started promptly so no delays in appropriate discharge?

28 Psychiatric Hospital Managing Authority Patient centered focus on MHA sectioning v DOLs v informal incapacitated Support patient to have capacity to consent to stay Work with families to help them understand Cheshire West so as to reduce anger about stigmatisation from sectioning- promote rights and best interests approach More s117 costs for Health and Adult Care

29 Coping with increased number of applications MA perspective- some panic, bulk applications to get everyone under DOLs- counter productivetriage applications at highest risk first. Identify welfare disputes that commissioner should take to COP because of Neary judgment - Could a trial package at home test whether in P s best interests to return home? Examine risks that created restrictive practices that led to DOL. Can they be reduced?

30 Coping with increased DOLs applications Senior Management LA appoint more authorisers, more BIAs, ensure MH Assessors willing to do additional work Cascade information to frontline social workers to prioritise review of people objecting to staying in care, resolve conflict cases, seek legal advice promptly on Neary type cases Appoint more in house lawyers to cope with additional burden of COP DOL authorisation cases Review practices in LA owned homes ensure compliance with Cheshire West

31 Urgent authorisations- pros and cons In law - designed for circumstances where Dol is occurring and restrictions cannot be reduced pending outcome of DOLs application; protects Managing Authorities from unlawful DOL but can be criticised as giving MA excessive authority without scrutiny In practice- majority of applications for DOLs accompanied by urgent authorisations If urgent issued inappropriately, courts will criticise MA, so stick to legal grounds.

32 Urgent authorisations- pros and cons Currently urgent authorisations likely to be extended to maximum period of 14 days HR lawyers critical about automatic extensions of urgent authorisations as Supervisory Body has not scrutinised why the person is under a DOL and statutory grounds may not be strictly complied with Supervisory Bodies may not be able to issue standard authorisations within 14 days because of Cheshire West pressures

33 Urgent authorisations Is it best not to issue urgent authorisations until MA has checked with SB that they can issue standard authorisation within 7/14 day period? Assessments must be done within 7/14 days and authorisation issued within that period Risk of unlawful DOL v risk of Supervisory Body issuing authorisation beyond 14 th day which may be of doubtful validity as urgent had expired If no authorisation, then MA cannot issue fresh urgent authorisation again, will have to apply for a standard authorisation only 21 days then for it to issue.

34 Urgent authorisations Section 21A appeal to Court of Protection can be issued against an urgent authorisation Legal challenge can be mounted if no authorisation and DOL is occurring v risk that SB will not issue a standard authorisation within 7/14 day period and MA will need to reapply or risk that SB will issue SA outside of statutory max of 14 days MA seek legal advice who then liaises with SB s lawyer.

35 Assessment process- BIAs BIAs scrutinise systemic & individual care management processes that result in DOL Identify unresolved disputes about where the person should live and their contact with family/friends Enhance knowledge amongst Managing Authorities of capacity & best interests processes Improve quality of services by using conditions as a strategy to resolve Neary disputes and the way care package implemented and reviewed

36 Difficulties for independent BIAs No access to electronic social work records May do visits at night/weekends when manager or key worker off Difficulties in obtaining prior assessments about P as data protection requirements may restrict electronic transmission More willing to insert robust conditions directing LA to do something than perhaps some LA BIAs

37 Assessment process- Mental Health Assessor May also be the capacity assessor May need additional training on assessing capacity for DOL Ensure Assessor informed of relevant capacity and risk assessments Identify suitability of DOLs v detention under MHA Identify poor medication reviews Collaborative practices with BIAs enhances sharing of knowledge cascaded to colleagues in the Trust and Adult Care

38 What to do when P held to have capacity by Assessor Cannot authorise DOLs Is P still being deprived of liberty? This must stop- seek consent to care/treatment arrangements and to stay there Preferably advise P that should seek legal advice Draw up consent document re terms of stay If decides to leave, be careful about preventing thisrisk of false imprisonment claim Ask DOLs office promptly to consider asking assessor to review decision, share prior reports/assessment re capacity relevant to DOL

39 Authorisation process - Authorisers Not a signatory - implying a passive exercise rather than a quasi judicial process of ensuring RP s human rights and best interests- see Neary judgment Usually senior management level- what are the boundaries of their roles & relationships with Assessors and DOLs leads? Authorisers must encourage better DOLS/MCA compliance by frontline social workers on the quality of capacity assessments, care plans and resolution of family disputes Feedback to Managing Authorities at MCA/DOLS forums etc

40 Restrictions on what Authorisations can do BIAs may insert conditions directed at commissioners/social workers/ health workers to expedite review of care plan; and Conditions to push social workers/health workers to resolve conflict with family or the person as to where P should live DOLs Forms state that conditions only directed to managing authority, but the power to solve issues may rest with other bodies.

41 Restrictions on what authorisations can do - 2 No sanction in DOLs if conditions not fulfilled On application to renew DOLs, BIA may insert tougher conditions and suggest shorter renewal period to put pressure to solve issues Local Authority front line staff should welcome conditions, as if implemented, may save Court challenge and criticism by Judge BIAs /SBs experience defensiveness amongst professionals resistant to changing practice.

42 Reviews of Authorisations Family, care manager, managing authority and relevant person s representative can seek review Supervisory Body can initiate its own review when it receives concerns about DOLs authorisation- can amend conditions, revoke DOLs but cannot change time period RPR should request SB to review before section 21A appeal to COP Cheshire West causing longer authorisations but dont issue all for 12 months as will have a crisis when they all expire in 12 months time!

43 Role of RPR in DOLs Relevant Person s Representative -critical role to make DOLs effective Empowers family members to act for the person Complexity of DOLs inhibits effectiveness of family RPR but can seek IMCA to support them Families more reluctant to appeal authorisations to COP compared to paid RPR Paid RPR willing to act as litigation friend for RP in COP Develop role of RPR to act as LF for the person

44 Role of DOLs Leads- mysterious? No statutory provision for DOLs lead, only for authoriser Is it the head of the Supervisory Body or the head of the Secretariat that processes DOLs on the SB s behalf? DOLS leads may be middle management while authorisers are senior management Does the DOLs lead act as authoriser or sometimes as BIA? Who acts as supervisor of staff acting as BIAs? Head of Supervisory Body or DOLs leads? How to resolve accountability of roles and possible tension between DOLs lead roles and Supervisory Body authorisers? Will additional authorisers come from middle management and will this create more conflicts of interest?

45 House of Lords Report- Implications for LAs DOLS is not part of the safeguarding agenda Replace DOLs with something more compatible with MCA principles Simplify Forms and DOLs law Clarify interface between MHA and DOLs Assist professionals to identify DOL situations better and to use DOLs appropriately Move from protection/paternalism to enablement /empowerment

46 House of Lords Report -2 Help people understand purpose of DOLs as deprivation of liberty term is alienating Professionals to actively enable supported decision making Enhance role of Relevant Person s Representative to effectively safeguard rights Mediation -a pre requisite for COP? Public authorities to create clearer guidance on which disputes must go to COP Create effective oversight of Supervisory Bodies

47 Conflict Resolution - Neary type disputes Need research on how many authorisations issued because the person or/and family do not want them to live in care as distinct from DOLs because of restrictions imposed in the care plan Cost of COP applications and complexity of forms and fear of criticism deters Local Authorities applying to Court to resolve disputes

48 Government Response LA implications Valuing every voice, respecting every right - DoLS protects P s right to liberty under A5, prevents unlawful DOL, protects / empower P. DOLs regime safeguards person s best interests; less focus on deprivation of rights. Integrate DOLs into care planning - reduce restrictions / restraint and avoid a DoL in the first place- harder to do since acid test.

49 Government response -3 DOH will redraft forms to create a less burdensome system by end November Government has asked Law Society s Mental Health and Disability Committee to draft up to date guidance on deprivation of liberty case law February ADASS task force with partners is assisting local authorities to work through the implications of Cheshire West

50 Government Response -4 Law Commission asked to look at DoL in supported living and draft a new legal framework Recently extended to review DOLS regime within MCA and how it can be monitored. Consider improvements recommended by HL report: ensure DoLS regime complies with MCA s ethos; are clearly drafted and easily understood, consider how to strengthen the Relevant Person s Representative s role and ensure effective oversight of the supervisory body Law Commission will report by 2017 including a draft Bill

51 Government response on interface MHA and DoLS Draft revised MHA Code of Practice to include a clearer chapter on this interface Disputes a gap between MHA & DoLS as the High Court s inherent jurisdiction could provide authority to deprive a patient detained under the MHA of their liberty for medical treatment unrelated to the patient's mental disorder.

52 Looking ahead: what the future holds Simplify DOLs forms and COP forms Ensure Local Authorities adequately funded to allow Supervisory Bodies to administer DOLs within tight statutory deadlines Respect Article 8 rights of P and family more- question the appropriateness of DOLs for preventing abuse and as a way of avoiding disputes escalating Prevent DOL by resolving disputes early and make advocacy and mediation available to facilitate this resolution. Train senior social workers to become mediators to champion ADR within LA Fund 3 rd Sector to offer mediation for disputes with Health and Social Care agencies

53 Conclusion Need to address legal aid gaps between right to non means tested legal aid for s21a appeals but means tested for COP for DOL in supported living Should there be a multi disciplinary tribunal to grant/review DOLs first, with an appeal to Court? Would government reconsider temporary legislation to extend DOLs to SL with RPRs also extended, to reduce massive public costs of applying to COP?

NHS Dorset Clinical Commissioning Group Deprivation of Liberty Safeguards Guidance for Managing Authorities

NHS Dorset Clinical Commissioning Group Deprivation of Liberty Safeguards Guidance for Managing Authorities Deprivation of Liberty Safeguards Guidance for Managing Authorities Supporting people in Dorset to lead healthier lives Quality Strategy DEPRIVATION OF LIBERTY SAFEGUARDS GUIDANCE FOR MANAGING AUTHORITIES

More information

Admission to Hospital under Part II of the Mental Health Act 1983 and Mental Capacity Act 2005 Deprivation of Liberty Safeguards.

Admission to Hospital under Part II of the Mental Health Act 1983 and Mental Capacity Act 2005 Deprivation of Liberty Safeguards. Document level: Trustwide (TW) Code: MH3 Issue number: 6 Admission to Hospital under Part II of the Mental Health Act 1983 and Mental Capacity Act 2005 Deprivation of Liberty Safeguards. Lead executive

More information

Herefordshire Safeguarding Adults Board

Herefordshire Safeguarding Adults Board Herefordshire Safeguarding Adults Board DEPRIVATION OF LIBERTY SAFEGUARDS (DoLS) POLICY, PROCEDURE AND GUIDANCE DATE: April 2015 It is suggested that this policy is read in conjunction with Herefordshire

More information

Mental Capacity Act and Deprivation of Liberty Safeguards Policy and Guidance for staff

Mental Capacity Act and Deprivation of Liberty Safeguards Policy and Guidance for staff Mental Capacity Act and Deprivation of Liberty Safeguards Policy and Guidance for staff APPROVED BY: Approved by Quality and Governance Committee September 2016 EFFECTIVE FROM: September 2016 REVIEW DATE:

More information

St Helens Adult Social Care and Health

St Helens Adult Social Care and Health St Helens Adult Social Care and Health Mental Capacity Act 2005 Deprivation of Liberty Safeguards (DoLS) Policy, Procedure & Practice Guidance Version 1 March 2009 CONTENTS POLICY Introduction and Scope

More information

ST GEMMA S HOSPICE POLICIES AND PROCEDURES

ST GEMMA S HOSPICE POLICIES AND PROCEDURES ST GEMMA S HOSPICE POLICIES AND PROCEDURES Category: Patient Title: Safeguarding the Liberty of those who lack Capacity Responsibility of: Social Work Manager and Senior Nurse HLT Member Accountable: Director

More information

Mental Capacity Act 2005

Mental Capacity Act 2005 Mental Capacity Act 2005 Julia Barrell MCA Manager Cardiff and Vale UHB 1 Introduction What is the Mental Capacity Act 2005? 5 Key Principles What is Mental Capacity? 2 Stage Test Best Interests and Consultation

More information

Birmingham CrossCity Clinical Commissioning Group Deprivation of Liberty Safeguards (DoLS) Policy: Supervisory body Functions

Birmingham CrossCity Clinical Commissioning Group Deprivation of Liberty Safeguards (DoLS) Policy: Supervisory body Functions Birmingham CrossCity Clinical Commissioning Group Deprivation of Liberty Safeguards (DoLS) Policy: Supervisory body Functions Policy Number Purpose of document To ensure that that the rights of patients

More information

Deprivation of Liberty Safeguards A guide for primary care trusts and local authorities

Deprivation of Liberty Safeguards A guide for primary care trusts and local authorities OPG607 Deprivation of Liberty Safeguards A guide for primary care trusts and local authorities Mental Capacity Act 2005 DH INFORMATION READER BOX Policy HR/Workforce Management Planning/Performance Clinical

More information

Mental Capacity Act and Court of Protection/Deprivation of Liberty Safeguards Policy. October 2017

Mental Capacity Act and Court of Protection/Deprivation of Liberty Safeguards Policy. October 2017 Mental Capacity Act and Court of Protection/Deprivation of Liberty Safeguards Policy October 2017 Contents Section Page 1) Introduction 3 2) Purpose and Scope 4 3) Governance and accountability 5 4) CCH

More information

MENTAL CAPACITY ACT (MCA) AND DEPRIVATION OF LIBERTY SAFEGUARDS (DoLS) POLICY

MENTAL CAPACITY ACT (MCA) AND DEPRIVATION OF LIBERTY SAFEGUARDS (DoLS) POLICY MENTAL CAPACITY ACT (MCA) AND DEPRIVATION OF LIBERTY SAFEGUARDS (DoLS) POLICY Last Review Date Approving Body Not Applicable Quality & Patient Safety Committee Date of Approval 3 November 2016 Date of

More information

But how do you measure levels of restriction?

But how do you measure levels of restriction? What are the essential elements to take into account when determining whether a person has capacity to consent to informal admission to a psychiatric hospital? As Approved Mental Health Professionals (AMHPs),

More information

Version Number Date Issued Review Date V2: Extension November 2017 April 2018

Version Number Date Issued Review Date V2: Extension November 2017 April 2018 Corporate CCG CO03 Deprivation of Liberty Safeguards (DoL) Policy Version Number Date Issued Review Date V2: Extension November 2017 April 2018 Prepared By: Consultation Process: Newcastle Gateshead Alliance

More information

CCG CO21 Continuing Healthcare Policy on the Commissioning of Care

CCG CO21 Continuing Healthcare Policy on the Commissioning of Care Corporate CCG CO21 Continuing Healthcare Policy on the Commissioning of Care Version Number Date Issued Review Date V1 28 04 15 29 April 2015 April 2016 Prepared By: Head of Quality & Patient Safety Consultation

More information

CCG CO10 Mental Capacity Act Policy

CCG CO10 Mental Capacity Act Policy Corporate CCG CO10 Mental Capacity Act Policy Version Number Date Issued Review Date 2 November 2016 November 2019 Prepared By: Consultation Process: Joint Commissioning Manager. CCG Executive Director

More information

DoLS UPDATE. Derek Winter DL Her Majesty s Senior Coroner for the City of Sunderland

DoLS UPDATE. Derek Winter DL Her Majesty s Senior Coroner for the City of Sunderland DoLS UPDATE Derek Winter DL Her Majesty s Senior Coroner for the City of Sunderland www.sunderland.gov.uk/coroner 1 Show me the manner in which a nation cares for its dead and I will measure with mathematical

More information

Mental Health Act 2007: Workshop. Approved Clinicians and Responsible Clinicians. Participant Pack

Mental Health Act 2007: Workshop. Approved Clinicians and Responsible Clinicians. Participant Pack Mental Health Act 2007: Workshop Approved Clinicians and Responsible Clinicians Participant Pack Table of Contents Introduction...1 Professional roles...2 Overview...2 Responsible clinician...2 Approved

More information

Supervised Community Treatment and Community Treatment Orders (S17(a)) Policy

Supervised Community Treatment and Community Treatment Orders (S17(a)) Policy Supervised Community Treatment and Community Treatment Orders (S17(a)) Policy SUPERVISED COMMUNITY TREATMENT AND COMMUNITY TREATMENT ORDERS (S17(A)) POLICY Document Type Policy Unique Identifier CL-010

More information

Mental Health Act Policy. Board library reference Document author Assured by Review cycle. Introduction Purpose or aim Scope...

Mental Health Act Policy. Board library reference Document author Assured by Review cycle. Introduction Purpose or aim Scope... Mental Health Act Policy Board library reference Document author Assured by Review cycle P041 Associate Director of Governance, Quality and Regulatory Compliance Quality and Standards Committee 1 Year

More information

Decision-making and mental capacity

Decision-making and mental capacity 1 2 3 NATIONAL INSTITUTE FOR HEALTH AND CARE EXCELLENCE DRAFT GUIDELINE 4 5 Decision-making and mental capacity 6 7 8 [Issue date: month/year] Draft for consultation, December 2017 Decision-making and

More information

Court of Protection Protocol

Court of Protection Protocol Court of Protection Protocol This protocol has been produced to offer guidance to staff about good practice in case management prior to accessing the Court of Protection in relation to welfare disputes

More information

Handout 8.4 The Principles for the Protection of Persons with Mental Illness and the Improvement of Mental Health Care, 1991

Handout 8.4 The Principles for the Protection of Persons with Mental Illness and the Improvement of Mental Health Care, 1991 The Principles for the Protection of Persons with Mental Illness and the Improvement of Mental Health Care, 1991 Application The present Principles shall be applied without discrimination of any kind such

More information

Policy for the use of Leave under Section 17 of the Mental Health Act 1983 (as amended) Version: 9

Policy for the use of Leave under Section 17 of the Mental Health Act 1983 (as amended) Version: 9 SH CP 52 Policy for the use of Leave under Section 17 of the Mental Health Act 1983 (as amended) Version: 9 Summary: Keywords (minimum of 5): (To assist policy search engine) Target Audience: Policy for

More information

Safeguarding Vulnerable Adults Annual Report

Safeguarding Vulnerable Adults Annual Report Safeguarding Vulnerable Adults Annual Report 2014-2015 Author: Margaret Jolley, Head of Adult Safegaurding & Vulnerable Adults 1 Contents Executive Summary 3 Introduction 3 Responsibilities 3 Reporting

More information

The Mental Capacity Act 2005 Legislation and Deprivation of Liberties (DOLs) Authorisation Policy

The Mental Capacity Act 2005 Legislation and Deprivation of Liberties (DOLs) Authorisation Policy The Mental Capacity Act 2005 Legislation and Deprivation of Liberties (DOLs) Authorisation Policy Version Number 3 Version Date vember 2015 Policy Owner Director of Nursing and Clinical Governance Author

More information

Reports Protocol for Mental Health Hearings and Tribunals

Reports Protocol for Mental Health Hearings and Tribunals Reports Protocol for Mental Health Hearings and Tribunals Reports Protocol for Mental Health Hearings and Tribunals Document Type Clinical Protocol Unique Identifier CL-037 Document Purpose This policy

More information

Continuing Healthcare Policy

Continuing Healthcare Policy Continuing Healthcare Policy 1 SUMMARY This policy describes the way in which Haringey Clinical Commissioning Group (HCCG) will make provision for the care of people who have been assessed as eligible

More information

ADASS Advice Note November 2014

ADASS Advice Note November 2014 The Western Bay Safeguarding Adults Board considered the ADASS Advice Note issued to Local Authorities in England on November 2014 Guidance for Local Authorities in the light of the Supreme Court decisions

More information

Lincolnshire NHS Provider Trust s Mental Capacity Act & Deprivation of Liberty Safeguards Policy and Procedure for LPFT

Lincolnshire NHS Provider Trust s Mental Capacity Act & Deprivation of Liberty Safeguards Policy and Procedure for LPFT Lincolnshire NHS Provider Trust s Mental Capacity Act & Deprivation of Liberty Safeguards Policy and Procedure for LPFT DOCUMENT VERSION CONTROL for LPFT front sheet Document Type and Title: Mental Capacity

More information

CCG CO03 Deprivation of Liberty Safeguards (DoLS) Policy. Version Number Date Issued Review Date V3 November 2016 November 2019

CCG CO03 Deprivation of Liberty Safeguards (DoLS) Policy. Version Number Date Issued Review Date V3 November 2016 November 2019 Corporate CCG CO03 Deprivation of Liberty Safeguards (DoLS) Policy Version Number Date Issued Review Date V3 November 2016 November 2019 Prepared By: Consultation Process: Joint Commissioning Manager CCG

More information

Policy Document Control Page

Policy Document Control Page Policy Document Control Page Title: Section 17 (Leave of Absence) Policy Version: 9 Reference Number: CL7 Supersedes Supersedes: Section 17 (Leave of Absence) Policy V8 Description of Amendment(s): Updated

More information

National Review of the use of Deprivation of Liberty Safeguards (DoLS) in Wales 2014

National Review of the use of Deprivation of Liberty Safeguards (DoLS) in Wales 2014 National Review of the use of Deprivation of Liberty Safeguards (DoLS) in Wales 2014 City and County Cardiff County Council Cardiff & Vale University Health Board 9 11 April 2014 This publication can be

More information

IMHA Support Project. Key Competencies Of An Effective IMHA Service. Action for Advocacy

IMHA Support Project. Key Competencies Of An Effective IMHA Service. Action for Advocacy IMHA Support Project Key Competencies Of Action for Advocacy This guidance is aimed at IMHAs, health and social care professionals, commissioners of IMHA services as well as regulators such as the Care

More information

Unless this copy has been taken directly from the Trust intranet site (Pandora) there is no assurance that this is the most up to date version

Unless this copy has been taken directly from the Trust intranet site (Pandora) there is no assurance that this is the most up to date version Policy No: MH27 Version: 2.0 Name of Policy: Care Programme Approach & Care Co-ordination Effective From: 25/08/2015 Date Ratified 24/07/2015 Ratified Mental Health Committee Review Date 01/07/2017 Sponsor

More information

Safeguarding Adults Policy March 2015

Safeguarding Adults Policy March 2015 Safeguarding Adults Policy 2015-16 March 2015 Document Control: Description Comment Title Document Number 1 Author Lindsay Ratapana Date Created March 2015 Date Last Amended Version 1 Approved By Quality

More information

ADVOCATES CODE OF PRACTICE

ADVOCATES CODE OF PRACTICE ADVOCATES CODE OF PRACTICE Owner: Liz Fenton, Strategic Services Delivery Manager Approver: Management Team Date Document Version Draft/Final Distribution Comment 04/2006 1.0 Final All 12/2010 2.0 Final

More information

ISLE OF MAN MENTAL HEALTH REVIEW TRIBUNAL GUIDANCE

ISLE OF MAN MENTAL HEALTH REVIEW TRIBUNAL GUIDANCE ISLE OF MAN MENTAL HEALTH REVIEW TRIBUNAL GUIDANCE Issued by the Chairmen of the Isle of Man Mental Health Review Tribunal on 19 June 2017 after Consultation with the High Bailiff, HM AG for the IoM, IoM

More information

Mental Health Act SECTION 132 Procedural Document

Mental Health Act SECTION 132 Procedural Document Mental Health Act SECTION 132 Procedural Document Statement/Key Objectives: This document covers the procedural requirements of Section 132 of the Mental Health Act 1983 to be followed by staff. It is

More information

2. Audience The audience for this document is the London NHS Commissioner MCA Steering Board.

2. Audience The audience for this document is the London NHS Commissioner MCA Steering Board. Commissioner MCA and DoLS responsibilities checklist Version 1.6 05/02/2016 1. Purpose The purpose of this document is to outline commissioner Mental Capacity Act (MCA) and Deprivation of Liberty Safeguards

More information

Community Treatment Orders and second opinion approved doctors (SOADs)

Community Treatment Orders and second opinion approved doctors (SOADs) Mental Health Alliance Community Treatment Orders and second opinion approved doctors (SOADs) Authority to treat community patients (1) Leave out clause 32 ( Authority to treat) and insert (1) The 1983

More information

Title. Title: Section 132, 132A & 133 Provision of Information to detained patients & Nearest Relatives

Title. Title: Section 132, 132A & 133 Provision of Information to detained patients & Nearest Relatives Policy Document Control Page Title Title: Section 132, 132A & 133 Provision of Information to detained patients & Nearest Relatives Version: 4 Reference Number: CL36 Keywords: (please enter tags/words

More information

Decision-making and mental capacity

Decision-making and mental capacity Decision-making and mental capacity NICE guideline: short version Draft for consultation, December 0 This guideline covers decision-making in people over. it aims to help health and social care practitioners

More information

Deprivation of Liberty Safeguarding in hospice care: from law into practice

Deprivation of Liberty Safeguarding in hospice care: from law into practice Deprivation of Liberty Safeguarding in hospice care: from law into practice Hot Topics Study Day May 2016 Dr Corinna Midgley Saint Francis Hospice Registered Charity No: 275913 Aims of today: To review

More information

Policy/Procedure Name: Deprivation of Liberty Safeguards: Practice and Procedures Policy SMT049. Head of Safeguarding. Not applicable. Date of EIA?

Policy/Procedure Name: Deprivation of Liberty Safeguards: Practice and Procedures Policy SMT049. Head of Safeguarding. Not applicable. Date of EIA? Policy/Procedure Name: Deprivation of Liberty Safeguards: Practice and Procedures Policy Policy/Procedure Number: SMT049 Date of Approval: 3 September 2014 Effective Date: September 2014 Revised Date:

More information

This factsheet covers:

This factsheet covers: Mental Health Act This factsheet is about detention under the Mental Health Act 1983. This is sometimes called sectioning. We explain why you may be detained, and what rights you have. If you care for

More information

NHS and independent ambulance services

NHS and independent ambulance services How CQC regulates: NHS and independent ambulance services Provider handbook March 2015 The Care Quality Commission is the independent regulator of health and adult social care in England. Our purpose We

More information

SAFEGUARDING ADULTS WORKBOOK

SAFEGUARDING ADULTS WORKBOOK Ensuring our safeguarding arrangements act to help and protect adults SAFEGUARDING ADULTS WORKBOOK Module Two The Mental Capacity Act and Deprivation of Liberty Safeguards Contents Page Introduction 2

More information

Section 132 of the Mental Health Act 1983 Procedure for Informing Detained Patients of their Legal Rights

Section 132 of the Mental Health Act 1983 Procedure for Informing Detained Patients of their Legal Rights Section 132 of the Mental Health Act 1983 Procedure for Informing Detained Patients of their Legal Rights DOCUMENT CONTROL: Version: 11 Ratified by: Mental Health Legislation Sub Committee Date ratified:

More information

Policy: L5. Patients Leave Policy (non Broadmoor) Version: L5/01. Date ratified: 8 th August 2012 Title of originator/author:

Policy: L5. Patients Leave Policy (non Broadmoor) Version: L5/01. Date ratified: 8 th August 2012 Title of originator/author: Policy: L5 Patients Leave Policy (non Broadmoor) Version: L5/01 Ratified by: Policy Review Group Date ratified: 8 th August 2012 Title of originator/author: Consultation Psychiatrist Title of responsible

More information

Section 117 Policy The Mental Health Act 1983

Section 117 Policy The Mental Health Act 1983 Section 117 Policy The Mental Health Act 1983 [as amended by the Mental Health Act 2007] DOCUMENT CONTROL: Version: 1 Ratified by: Mental Health Legislation Committee Date ratified: 2 November 2016 Name

More information

MENTAL HEALTH (SCOTLAND) BILL

MENTAL HEALTH (SCOTLAND) BILL MENTAL HEALTH (SCOTLAND) BILL POLICY MEMORANDUM INTRODUCTION 1. This document relates to the Mental Health (Scotland) Bill introduced in the Scottish Parliament on 16 September 2002. It has been prepared

More information

Page 1 of 18. Summary of Oxfordshire Safeguarding Adults Procedures

Page 1 of 18. Summary of Oxfordshire Safeguarding Adults Procedures Page 1 of 18 Summary of Oxfordshire Safeguarding Adults Procedures Page 2 of 18 Introduction This part of the procedures sets out clear expectations regarding the standards roles and responsibilities of

More information

PETERBOROUGH SAFEGUARDING ADULTS BOARD (PSAB) MULTI-AGENCY TRAINING STRATEGY

PETERBOROUGH SAFEGUARDING ADULTS BOARD (PSAB) MULTI-AGENCY TRAINING STRATEGY SAFEGUARDING ADULTS PETERBOROUGH SAFEGUARDING ADULTS BOARD (PSAB) MULTI-AGENCY TRAINING STRATEGY 2012/2013 Peterborough Safeguarding Adults Board Multi-Agency Training Sub-Group Training Strategy Introduction

More information

Capacity Act Unit reference number: Y/616/7560 Level: 4. Credit value: 4 Guided learning hours: 30. Unit summary

Capacity Act Unit reference number: Y/616/7560 Level: 4. Credit value: 4 Guided learning hours: 30. Unit summary Unit 21: Understand the Mental Capacity Act 2005 Unit reference number: Y/616/7560 Level: 4 Unit type: Optional Credit value: 4 Guided learning hours: 30 Unit summary The Mental Capacity Act 2005 is designed

More information

MAKING DECISIONS FOR PEOPLE WHO LACK CAPACITY

MAKING DECISIONS FOR PEOPLE WHO LACK CAPACITY MAKING DECISIONS FOR PEOPLE WHO LACK CAPACITY Mental Capacity Act 2005 RESOLVING DISAGREEMENTS AND DISPUTES This is one of a series of resource materials for clinical ethics committees providing explanation

More information

Pam Jones, Associate Director Safeguarding.

Pam Jones, Associate Director Safeguarding. NHS BOLTON CLINICAL COMMISSIONING GROUP Public Board Meeting AGENDA ITEM NO: 16 Date of Meeting: 23 rd September 2016 TITLE OF REPORT: AUTHOR: PRESENTED BY: PURPOSE OF PAPER: (Linking to Strategic Objectives)

More information

Principles and good practice guidance for practitioners considering restraint in residential care settings

Principles and good practice guidance for practitioners considering restraint in residential care settings Advice notes Guidance for mental health professionals about changes to the Mental Health Act implemented on 30 June 2017 Thistle House 91 Haymarket Terrace Edinburgh EH12 5HE Tel: 0131 313 8777 Fax: 0131

More information

Policy Document Control Page

Policy Document Control Page Policy Document Control Page Title Title: MHA Section 117 After-care Version: 4 Reference Number: CL49 Keywords: Mental Health Act, after-care, care planning, discharge, duty, continuing, after-care services,

More information

Locked Door. Target Audience. Who Should Read This Policy. All Inpatient Staff

Locked Door. Target Audience. Who Should Read This Policy. All Inpatient Staff Locked Door Who Should Read This Policy Target Audience All Inpatient Staff Version 1.0 October 2016 Ref. Contents Page 1.0 Introduction 4 2.0 Purpose 4 3.0 Objectives 4 4.0 Process for Access and Exit

More information

The Care Act - Independent Advocacy Policy Guidance

The Care Act - Independent Advocacy Policy Guidance The Care Act - Independent Advocacy Policy Guidance Defining the Independent Advocacy Offer Version 1 Document to be refreshed July 2015 1. Introduction The Care Act 2014 requires that local authorities

More information

POLICY FOR THE IMPLEMENTATION OF SECTION 132 OF THE MENTAL HEALTH ACT (MHA) 1983 AS AMENDED BY THE MHA 2007:

POLICY FOR THE IMPLEMENTATION OF SECTION 132 OF THE MENTAL HEALTH ACT (MHA) 1983 AS AMENDED BY THE MHA 2007: POLICY FOR THE IMPLEMENTATION OF SECTION 132 OF THE MENTAL HEALTH ACT (MHA) 1983 AS AMENDED BY THE MHA 2007: PROVISION OF INFORMATION TO DETAINED PATIENTS Document Author Written By: Lead for Mental Health

More information

SAFEGUARDING ADULTS STRATEGY

SAFEGUARDING ADULTS STRATEGY SAFEGUARDING ADULTS STRATEGY Originator: Corporate Nursing Date Approved: May 2009 Approved by: Safeguarding Committee Date for Review: May 2011 Contents Page 1. Introduction 3 1.1 Vision 3 1.2 Scope 3

More information

Hospital Managers Appeal and Renewal Hearings

Hospital Managers Appeal and Renewal Hearings Standard Operating Procedure 10 (SOP 10) Hospital Managers Appeal and Renewal Hearings Why we have a procedure? It is the Hospital Managers (Managers) who have the power to detain patients who have been

More information

TRAINING STRATEGY. Safeguarding Adults for Commissioning Staff and Independent Contractors

TRAINING STRATEGY. Safeguarding Adults for Commissioning Staff and Independent Contractors North Derbyshire Clinical Commissioning Group TRAINING STRATEGY Safeguarding Adults for Commissioning Staff and Independent Contractors Introduction NHS North Derbyshire CCG/PCT Cluster is committed to

More information

Stage 4: Investigation process

Stage 4: Investigation process Stage 4: Investigation process This Stage covers: Purpose of the investigation Roles and responsibilities Who should undertake the investigation? The investigator s report 16.17 Purpose of the investigation

More information

Policy on the Commissioning of NHS Continuing Healthcare for Adults: Assuring Equity, Choice and Value for Money

Policy on the Commissioning of NHS Continuing Healthcare for Adults: Assuring Equity, Choice and Value for Money Policy Statement No. Salford Clinical Commissioning Group Policy on the Commissioning of NHS Continuing Healthcare for Adults: Assuring Equity, Choice and Value for Money Lead for development & revisions

More information

Deprivation of Liberty Safeguards: putting them into practice

Deprivation of Liberty Safeguards: putting them into practice Deprivation of Liberty Safeguards: putting them into practice This resource describes good practice in the management and implementation of the Deprivation of Liberty Safeguards. The Social Care Institute

More information

Complying with the Mental Capacity Act

Complying with the Mental Capacity Act Complying with the Mental Capacity Act Department of Health July 2015 1 DH Leading the nation s health and care Niall Fry - MCA Policy Lead DH Twitter - @NiallatDH Email - Niall.Fry@dh.gsi.gov.uk Overview

More information

Mental Capacity Act Policy V3.00

Mental Capacity Act Policy V3.00 Mental Capacity Act Policy V3.00 Lead executive Name / title of author: Mandy Bailey Chief Nurse Lesley Shaw, Lead Nurse Vulnerable Adults Date reviewed: October 2015 Date ratified: 13/11/2015 Ratifying

More information

Mental Health Act 1983/2007. Section 117 and After Care Policy

Mental Health Act 1983/2007. Section 117 and After Care Policy Mental Health Act 1983/2007 Section 117 and After Care Policy Between: London Borough of Hillingdon Hillingdon Clinical Commissioning Group FINAL DRAFT February 2015 Document Control Sheet Type of Document

More information

Informing Patients of their Rights under Section 132

Informing Patients of their Rights under Section 132 Policy: I9 Informing Patients of their Rights under Section 132 Version: I9/05 Ratified by: Trust Management Team Date ratified: 12 June 2013 Title of Author: MHA Office / Health Records Manager Title

More information

ADASS Safeguarding Adults Policy Network. Guidance. June 2016

ADASS Safeguarding Adults Policy Network. Guidance. June 2016 ADASS Safeguarding Adults Policy Network Guidance June 2016 Out-of-Area Safeguarding Adults Arrangements Guidance for Inter-Authority Safeguarding Adults Enquiry and Protection Arrangements Table of Contents

More information

COMMUNITY TREATMENT ORDERS FREQUENTLY ASKED QUESTIONS.

COMMUNITY TREATMENT ORDERS FREQUENTLY ASKED QUESTIONS. COMMUNITY TREATMENT ORDERS FREQUENTLY ASKED QUESTIONS. Q1: The patient was detained under s.3 and has been discharged from hospital on a Community Treatment Order. Has the s.3 come to an end? A. The section

More information

DRAFT - NHS CHC and Complex Care Commissioning Policy.

DRAFT - NHS CHC and Complex Care Commissioning Policy. DRAFT - NHS CHC and Complex Care Commissioning Policy. 1. Introduction 1.1 This policy describes the way the following Clinical Commissioning Groups (CCGs) NHS Wirral Clinical Commissioning Group, NHS

More information

Leave for restricted patients the Ministry of Justice s approach

Leave for restricted patients the Ministry of Justice s approach Mental Health Unit GUIDANCE FOR RESPONSIBLE MEDICAL OFFICERS LEAVE OF ABSENCE FOR PATIENTS SUBJECT TO RESTRICTIONS (Restrictions under Mental Health Act 1983 sections 41, 45a & 49 and under the Criminal

More information

The LGSS & Cambridgeshire County Council Mental Capacity Act and Deprivation of Liberty Safeguards Training Offer

The LGSS & Cambridgeshire County Council Mental Capacity Act and Deprivation of Liberty Safeguards Training Offer The LGSS & Cambridgeshire County Council Mental Capacity Act and Deprivation of Liberty Safeguards Training Offer September 2017 September 2018 Author - James Codling - Mental Capacity Act Training and

More information

Mental Capacity Act POLICY

Mental Capacity Act POLICY Mental Capacity Act POLICY REFERENCE NUMBER Version: Supersedes: AUTHOR(S): ACKNOWLEDGEMENTS TO: LEAD DIRECTOR: Date Ratified: ELCCG_SG07 Version 1 New Policy N/A Deputy Designated Professional for Safeguarding

More information

PROCEDURES OF MENTAL HEALTH (CRIMINAL LAW) REVIEW BOARD

PROCEDURES OF MENTAL HEALTH (CRIMINAL LAW) REVIEW BOARD PROCEDURES OF MENTAL HEALTH (CRIMINAL LAW) REVIEW BOARD 1. Introduction On 25 th September, 2006 the Minister for Justice, Equality and Law Reform made an Order under Section 11 of the Criminal Law (Insanity)

More information

Consumer Complaints Management and Resolution Policy

Consumer Complaints Management and Resolution Policy Policy Consumer Complaints Management and Resolution Policy Please note this policy is mandatory and staff are required to adhere to the content Summary This policy articulates the DECD Complaints Management

More information

Specialist mental health services

Specialist mental health services How CQC regulates: Specialist mental health services Provider handbook March 2015 The Care Quality Commission is the independent regulator of health and adult social care in England. Our purpose We make

More information

(NAME OF HOME) 2.1 This policy is based on the Six Principles of Safeguarding that underpin all our safeguarding work within our service.

(NAME OF HOME) 2.1 This policy is based on the Six Principles of Safeguarding that underpin all our safeguarding work within our service. Title: SAFEGUARDING POLICY 1.0 INTRODUCTION 1.1 Safeguarding means protecting people's health, wellbeing and human rights, and enabling them to live free from harm, abuse and neglect. It's fundamental

More information

NHS continuing health care joint dispute resolution procedure

NHS continuing health care joint dispute resolution procedure Title: Developed by: Document type: Policy library: Sub Section: Document status: Date of ratification: Ratified By: Date to be reviewed: Version NHS continuing health care joint dispute resolution procedure

More information

DOCUMENT CONTROL Title: Use of Mobile Phones and Tablets (by services users & visitors in clinical areas) Policy. Version: Reference Number: CL062

DOCUMENT CONTROL Title: Use of Mobile Phones and Tablets (by services users & visitors in clinical areas) Policy. Version: Reference Number: CL062 DOCUMENT CONTROL Title: Version: Reference Number: Use of Mobile Phones and Tablets (by services users & visitors in clinical areas) Policy 5 CL062 Scope: This Policy applies all employees of the Trust,

More information

Section 19 Mental Health Act 1983 Regulations as to the transfer of patients

Section 19 Mental Health Act 1983 Regulations as to the transfer of patients Document level: Trustwide (TW) Code: MH9 Issue number: 4 Section 19 Mental Health Act 1983 Regulations as to the transfer of patients Lead executive Authors details Type of document Target audience Document

More information

Deprivation of Liberty Safeguards. Annual Monitoring Report for Health and Social Care

Deprivation of Liberty Safeguards. Annual Monitoring Report for Health and Social Care Deprivation of Liberty Safeguards Annual Monitoring Report for Health and Social Care 2016-17 This report is also available in Welsh. If you would like a copy in an alternative language or format, please

More information

HEALTH PRACTITIONERS COMPETENCE ASSURANCE ACT 2003 COMPLAINTS INVESTIGATION PROCESS

HEALTH PRACTITIONERS COMPETENCE ASSURANCE ACT 2003 COMPLAINTS INVESTIGATION PROCESS HEALTH PRACTITIONERS COMPETENCE ASSURANCE ACT 2003 COMPLAINTS INVESTIGATION PROCESS Introduction This booklet explains the investigation process for complaints made under the Health Practitioners Competence

More information

APPROVAL UNDER SECTION 12(2) MENTAL HEALTH ACT 1983 THE NATIONAL CRITERIA FOR ENGLAND. Revised October 2009 by the National Reference Group

APPROVAL UNDER SECTION 12(2) MENTAL HEALTH ACT 1983 THE NATIONAL CRITERIA FOR ENGLAND. Revised October 2009 by the National Reference Group APPROVAL UNDER SECTION 12(2) MENTAL HEALTH ACT 1983 1. INTRODUCTION THE NATIONAL CRITERIA FOR ENGLAND Revised October 2009 by the National Reference Group 1.1 Section 12(2) of the Mental Health Act 1983

More information

Protocol for. The use of Independent Best Interests Assessors for. Deprivation of Liberty Safeguards Assessments in care homes and hospitals

Protocol for. The use of Independent Best Interests Assessors for. Deprivation of Liberty Safeguards Assessments in care homes and hospitals Protocol for The use of Independent Best Interests Assessors for Deprivation of Liberty Safeguards Assessments in care homes and hospitals Report Author: Lorraine Currie Revised April 2013 Review Date:

More information

POLICY AND PROCEDURE. Managing Actual & Potential Aggression. SoLO Life Opportunities. Introduction. Position Statement

POLICY AND PROCEDURE. Managing Actual & Potential Aggression. SoLO Life Opportunities. Introduction. Position Statement POLICY AND PROCEDURE Managing Actual & Potential Aggression Category: staff and volunteers/members SoLO Life Opportunities 38 Walnut Close Chelmsley Wood Birmingham B37 7PU Charity No. 1102297 England

More information

A National Review of the use of Deprivation of Liberty Safeguards (DoLS) in Wales

A National Review of the use of Deprivation of Liberty Safeguards (DoLS) in Wales A National Review of the use of Deprivation of Liberty Safeguards (DoLS) in Wales April May 2014 This publication can be provided in alternative formats or languages on request. There will be a short delay

More information

4LSAB Safeguarding Adults Escalation Protocol

4LSAB Safeguarding Adults Escalation Protocol 4LSAB Safeguarding Adults Escalation Protocol Background The Care Act 2014 and Chapter 14 of the Care and Support Statutory Guidance 2016 includes six key principles that underpin Safeguarding Adults Practice.

More information

SAFEGUARDING ADULTS POLICY

SAFEGUARDING ADULTS POLICY SAFEGUARDING ADULTS POLICY This document may be made available in alternative formats and other languages, on request, as is reasonably practicable to do so. Policy Owner: Approved by: POVA Operational

More information

Mental Health Act 2014

Mental Health Act 2014 Mental Health Act 2014 Overview Objectives of the Act (Section 10) Principles of the Act (Section 11) Statement of rights (Section 12) Capacity (Section 68) Informed consent (Section 69) Supportive decision

More information

To: MCA-DoLS leads in local authorities and the NHS; And for circulation to relevant colleagues and partners across the health and care system

To: MCA-DoLS leads in local authorities and the NHS; And for circulation to relevant colleagues and partners across the health and care system Niall Fry MCA-DoLS Policy Lead Area 313B, Richmond House 79 Whitehall, London, SW1A 2NS E-mail: Niall.Fry@dh.gsi.gov.uk Twitter: @NiallatDH 22 October 2015 To: MCA-DoLS leads in local authorities and the

More information

The Right to Decide: Towards a greater understanding of mental capacity and deprivation of liberty

The Right to Decide: Towards a greater understanding of mental capacity and deprivation of liberty The Right to Decide: Towards a greater understanding of mental capacity and deprivation of liberty Focus Report: learning lessons from complaints July 2017 www.lgo.org.uk Contents Introduction 1 Mental

More information

Safeguarding Annual Assurance Self-assessment Tool. Sheffield Health and Social Care NHS Foundation Trust

Safeguarding Annual Assurance Self-assessment Tool. Sheffield Health and Social Care NHS Foundation Trust Safeguarding Annual Assurance Self-assessment Tool Sheffield Health and Social Care Foundation Trust Introduction - About this Self-assessment This self-assessment is an assessment of your own internal

More information

Performance and Quality Committee

Performance and Quality Committee Title: NHS Continuing Health Care Choice Policy (addendum to Cornwall Wide Patient Choice, Equity and Fair Access Policy) Developed by: Document type: Policy library: NHS Kernow Policy Policies Sub Section:

More information

Chapter 55: Protective Services and Placement

Chapter 55: Protective Services and Placement Chapter 55: Protective Services and Placement Robert Theine Pledl, Attorney Schott, Bublitz & Engel, S.C. Introduction In addition to the procedures for voluntary treatment services and civil commitment

More information

Safeguarding Adults Policy

Safeguarding Adults Policy Safeguarding Adults Policy Ratified Status Quality and Patient Safety Committee V2 Issued November 2015 Approved By Consultation Equality Impact Assessment Quality and Patient Safety Committee Safeguarding

More information

Maidstone Home Care Limited

Maidstone Home Care Limited Maidstone Home Care Limited Maidstone Home Care Limited Inspection report Home Care House 61-63 Rochester Road Aylesford Kent ME20 7BS Date of inspection visit: 19 July 2016 Date of publication: 15 August

More information