Mental Capacity Act 2005
|
|
- Tracy Cameron
- 6 years ago
- Views:
Transcription
1 Mental Capacity Act 2005 Julia Barrell MCA Manager Cardiff and Vale UHB 1
2 Introduction What is the Mental Capacity Act 2005? 5 Key Principles What is Mental Capacity? 2 Stage Test Best Interests and Consultation The decision maker Restraint and restrictions Other Key Issues 2
3 Mental Capacity Act 2005 empowers and protects people who lack capacity to make decisions for themselves puts the needs and wishes of an incapacitated person at the centre of any decision making process brings clarity to decision making protects incapacitated people but also carers and professionals 3
4 Scope of the Act affects people aged 16 and over has the potential to impact upon the whole adult population about 2 million people currently lack capacity 6 million people care for those with impaired capacity 4
5 Scope of the Act contd.. Includes people incapacitated by: Dementia Physical illness or its treatment Learning disability Brain injury or stroke Mental disorder Substance misuse Or Anyone planning for the future 5
6 Five Key Principles A presumption of capacity Support to make decisions Right to make unwise decisions Best interests Least restrictive intervention 6
7 The Principles A person must be assumed to have capacity unless it is established that he lacks capacity. A person is not to be treated as unable to make a decision unless s all practicable steps to help him to do so have been taken without success. A person is not to be treated as unable to make a decision merely y because he makes an unwise decision. An act done, or decision made, for or on behalf of a person who lacks capacity must be done, or made, in his best interests. Before the act is done, or the decision is made, regard must be had to whether the purpose for which it is needed can be as effectively achieved in a way that is less restrictive of the person's rights and freedom of action 7
8 What is Mental Capacity? Mental capacity is the ability to make a decision Capacity can vary over time Loss of capacity may be temporary Capacity may well vary in relation to the decision required An individual lacks capacity if they are unable to make a particular decision at a specific time 8
9 Two Stage Capacity Test Is there an impairment of, or disturbance in, the functioning of the person s s mind or brain? Is the impairment or disturbance sufficient that the person lacks the capacity to make that particular decision? 9
10 Capacity Test contd.. A person is unable to make a decision for himself if he is unable: to understand the information relevant to the decision to retain that information to use or weigh that information, or to communicate his decision 10
11 Capacity Test contd.. Does the person have general understanding of what the decision is and why they are being asked to make it? Do they understand the consequences of making, or not making, the decision? Can they use the information as part of the decision making process? 11
12 If person lacks capacity. No-one one can consent to care or treatment on behalf of that person, except A Court appointed Deputy A donee of a Lasting Power of Attorney This means that family members, health professionals, etc cannot consent on behalf of the person! 12
13 Best interests overview Need to weigh up a number of issues, including Medical, welfare, emotional and social What the person would have decided, if they still could What other people feel is best for the person 13
14 Best Interests Checklist To decide what is in an incapacitated person s best interests consider: The person s s future capacity Their past and present wishes and feelings Beliefs and values likely to influence their decision Other factors that the person would be likely to consider 14
15 Consultation Appropriate individuals have a right to be consulted prior to a best interests decision: Anyone named by the incapacitated person Anyone engaged in caring for the person or interested in his welfare Any donee of a lasting power of attorney Any deputy appointed by the court 15
16 Best interests contd. Best interests is NOT what you would want done, if you were the person who lacked capacity Best interests is NOT just medical best interests need to consider emotional, welfare and social issues too Best interests is NOT what the relatives, etc want (best for the relatives, etc) it s s what those people think would be best for the person, knowing them as they do Best interests is NOT substituted judgement (ie. what the person would have decided) although this is something that needs to be considered 16
17 The Decision Maker The person who needs the decision taken is the person who must decide about the patient s capacity and decide what is in their best interests A range of different decision makers may be involved with the person If you need to do something to/for a patient, YOU need to check capacity and best interests 17
18 Restrictions and restraint The MCA states that someone is using restraint if they: use force or threaten to use force to make someone do something that they are resisting, or restrict a person s s freedom of movement, whether they are resisting or not 18
19 Appropriate use of.. When it prevents harm & is proportionate response to likelihood & seriousness of harm eg. Stopping a person from leaving ward because they will get run over OK! Restraining a patient in order to take a blood sample, if this will help with diagnosis and enable treatment which will make the patient more comfortable OK! NB. These must be recorded in patient s s notes. 19
20 Other Key Issues Advance Decisions LPAs and Court appointed Deputies Public Bodies IMCA Criminal Offence Code of Practice Protection for staff and carers DoLS 20
21 Advance Decisions Advance decisions to refuse treatment Made only by mentally capable people aged 18 and over Can be oral or written (unless relating to life- saving treatment) Must specify the treatment being refused Healthcare professionals are bound by advance decisions to refuse treatment 21
22 Advance Decisions (cont) Advance decisions refusing treatment for mental disorder may be overridden by the compulsory treatment provisions of the MHA 1983 But advance decisions refusing treatment for conditions unconnected to the mental disorder of a patient liable to be detained or refusing treatment for mental disorder provided on a voluntary basis remain valid and applicable 22
23 Advance Decisions (cont) A relevant Lasting Power of Attorney will override an advance decision if made after the decision An advance decision can be withdrawn OR - by the individual whilst they have capacity - if they do something which is clearly inconsistent with the advance decision 23
24 Lasting Power of Attorney Person must be 18 years and over with capacity at the time of making the LPA Gives a named person (or people) power to take decisions, in donor s s best interests, when donor loses capacity to take those decisions Can be about property and affairs or personal welfare Must be registered with Office of the Public Guardian Can include power to take decisions regarding life- sustaining treatment You need to see the registered document and look at what powers the attorney holds 24
25 Court Appointed Deputy Court of Protection can appoint someone to be the Deputy for a person who lacks capacity Deputy will have power to take particular decisions on behalf of the person lacking capacity may include treatment and care Deputy cannot refuse consent to life-sustaining treatment You need to see the Court order setting out who the Deputy is and what powers they have Court Appointed Deputies for personal welfare are rare! 25
26 Public Bodies Court of Protection Has jurisdiction relating to the Act Makes declarations, decisions and orders Is concerned with healthcare and welfare Public Guardian Registering authority for deputies and LPA Supervises court appointed deputies Liaises with other agencies 26
27 IMCA Independent Mental Capacity Advocate MUST be involved when There is no-one one to consult re. an incapacitated person and decisions are being made about serious medical treatment or significant changes of residence Can also be involved when the incapacitated person is involved in adult protection procedures (POVA) or A care review is required and there is no-one one to consult 27
28 Criminal Offence The Act introduces a new criminal offence of ill-treatment or wilful neglect of a person lacking capacity The Act does not legitimise euthanasia 28
29 Code of Practice MCA says that staff must have regard to the Code ie.. need to follow it! Gives detailed guidance on all the issues covered by MCA Can be found on UHB intranet, under Mental Capacity 29
30 Protection for staff and carers Section 5 of MCA confers protection from liability Staff and carers won t t be prosecuted or sued if they provide care or treatment for people who lack capacity to decide for themselves about the matter in question, providing that they comply with MCA 30
31 Deprivation of Liberty Safeguards (DoLS) Provide a legal framework for caring for adult, mentally disordered, incapacitated people in situations where they are deprived of their liberty in hospitals or care homes Depriving a person of their liberty outside of a legal framework (eg. Criminal justice system, Mental Health Act) is not lawful Court imposes hefty damages if finds DoL has taken place (plus large legal costs...) 31
32 DoLS contd.. Examples from case law Restraint is used, including sedation, to admit a person to an institution where that person is resisting Staff exercise complete and effective control over care and movement for a significant period Staff exercise control over assessments, treatment, contacts and residence A request by carers for a person to be discharged to their care is refused 32
33 DoLS Contd.. A decision has been made by the institution that the person will not be released into the care of others or permitted to live elsewhere, unless staff consider it appropriate The person is unable to maintain social contacts because of restrictions placed on their access to other people The person loses autonomy because they are under continuous supervision and control 33
34 DoLS Contd.. To be eligible for a DoLS authorisation, the person must be assessed by the UHB on 6 grounds be 18 years of age or over have a mental disorder (within the meaning of the Mental Health Act 1983), but including learning disabilities lack capacity to consent to the regime they are living in be eligible (ie( ie.. they are not already subject to Mental Health Act thereby requiring them to be in hospital, live in a certain place, etc) there are "no refusals" in the patient's case (ie( ie.. there is not an advance decision, lasting power of attorney, deputy, Court decision, ion, etc that opposes the regime) it's in the patient's best interests to be looked after in this way and deprived of their liberty (and there is no less restrictive way of looking after him/her) 34
35 DoLS Contd.. The Supervisory Body (the UHB) can only authorise the DoL if all 6 criteria are met The authorisation lasts for up to a year It can be reviewed The patient will be allocated a Representative An IMCA may be involved Appeal against DoLS can be made to Court of Protection 35
36 Remember The Act: Sets out the 5 principles all healthcare staff must adhere to Provides a definition and test of lack of capacity Requires consultation with other people to determine best interests Provides protection for staff and carers if they use restraint/restrictions appropriately Gives advance decisions statutory status Clarifies who can take decisions in healthcare and welfare situations Provides for the lawful deprivation of a person s s liberty in hospitals and care homes 36
37 Julia Barrell Mental Capacity Act Manager WHTN UHB intranet site - click on M under A-Z Z of services tab,, then click on Mental Capacity 37
38 MCA/ DOL Department Sue Broad Marcelle dos Santos
39 Mental capacity issues potentially affect everyone. Over 2 million people in England and Wales lack mental capacity to make some decisions for themselves, for example, people with: dementia learning disabilities mental health problems Stroke and head injuries Up to 6 million informal carers, social care and healthcare professionals may provide care or treatment for them. MdS
40 The Deprivation of Liberty Safeguards - DOL s. Whilst there is no legal definition the safeguards focus on some of the most vulnerable people in our society: Those who for their own safety and in their own best interests need to be accommodated under care and treatment regimes that may have the effect of depriving them of their liberty, but who lack the capacity to consent. MdS
41 Simply put.. The department has 25 Best Interests Assessors from health & social care. 7 Sec 12 Doctors who s s experienced is utilised. 2 coordinators and an administrator. MdS
42 The Legal Framework is supported by: 1. Code of Practice. 2. New Office of the Public Guardian. 3. New Court of Protection. 4. Criminal offence. MdS
43 Act sets out a broad framework - the Code supports the framework. Code has legal force and the following must have regard to it: Those with formal powers (attorneys/deputies). Those acting in a professional capacity or who are being paid. Those carrying out research under the act. IMCA S. MdS
44 Process & Referral Referral - Managing Authority DOL/MCA coordinators Authorisation via Supervisory Body IMCA BIA Doctor MdS
45 Notes: The typical length of DOLS authorisations has become shorter. Influenced by the BIAs deliberately wanting to keep the focus and pressure on the service provider (so so that care plans evolve to minimise restrictions as much as possible for the service user). MdS
46 Cont.. Statistics re the DOLS authorisations reveal little about the quality of the assessments / authorisations. More qualitative analysis would be better to help people understand the strengths and weaknesses of their own approach, rather than just how many there are in different areas. MdS
47 Education/Consultation MCA / DOLS team strive to reassure staff support & growth in confidence through training and clear communication they are kept up to date, to know where to go and who to contact to find out more if they need to. There is a need to help empower the care provider to consider reducing the restrictions within individual care plans where there is a concern that the regime may be too restrictive, rather than making a DOLS referral straight away. MdS
48 In practice, it is felt that confidence in decision making is undermined by a perception that the law is complex and fast changing, especially around DOLS. This thinking can discourage some clinical and social care staff from engaging with the issues appropriately or at all. MdS
49 Recent Stats UHB CARDIFF VALE UHB RES/CARE SOCIAL SERVICES Referals Received April March 2013 April March 2013: Training hours undertaken by MdS MdS
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 informationNHS 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 informationST 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 informationCapacity 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 informationLincolnshire 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 informationHerefordshire 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 informationThe 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 informationMental 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 informationSAFEGUARDING 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 informationMental 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 informationMental 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 informationCCG 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 informationAdvance Care Planning and the Mental Capacity Act (2005) Julie Foster End of Life Care Champion
Advance Care Planning and the Mental Capacity Act (2005) Julie Foster End of Life Care Champion Why We Needed the Act and Who It Affects Mental capacity issues potentially affect everyone Over 2 million
More informationMental 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 informationDecision-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 informationPolicy/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 informationMental Capacity Act (2005) and risk. Pauline Dorn Head of Vulnerable Adults and Safeguarding
Mental Capacity Act (2005) and risk Pauline Dorn Head of Vulnerable Adults and Safeguarding Background to the Mental Capacity Act (MCA) The Mental Capacity Act (MCA) received Royal Assent in April 2005
More informationVersion 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 informationMental Capacity Act. Target Audience. Who Should Read This Policy. All Trust Employed Staff Bank and Agency Staff
Mental Capacity Act Who Should Read This Policy Target Audience All Trust Employed Staff Bank and Agency Staff Version 2.0 March 2017 Ref. Contents Page 1.0 Introduction 4 2.0 Purpose 5 3.0 Objectives
More informationSt 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 informationDecision-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 informationDeprivation 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 informationPETERBOROUGH 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 informationPolicies, Procedures, Guidelines and Protocols
Policies, Procedures, Guidelines and Protocols Document Details Title Advanced Decision to Refuse Treatment Policy and Procedure (previously known as Living Wills) Trust Ref No 443-24903 Local Ref (optional)
More informationClients Who Lack Mental Capacity To Take Decisions Policy
Clients Who Lack Mental Capacity To Take Decisions Policy Authorising Officer Claudio Duran, Chief Executive Officer Version: 1 Name of Barbara Hurley originator/author: Date issued: August 2015 Review
More informationCONSENT TO EXAMINATION OR TREATMENT
TRUST-WIDE CLINICAL POLICY DOCUMENT CONSENT TO EXAMINATION OR TREATMENT Policy Number: Scope of this Document: Recommending Committee: Approving Committee: SD06 All Staff Patient Safety Committee Executive
More informationFirst Names... To be retained in individual's records/notes
NHS Continuing Healthcare Consent Form West Hampshire Clinical Commissioning Group (CCG) hosts the NHS Continuing Healthcare Service on behalf of Fareham and Gosport, South Eastern Hampshire, North Hampshire
More information2. 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 informationSET Mental Capacity Act and Deprivation of Liberty Safeguards Policy and Guidance
SET Mental Capacity Act and Deprivation of Liberty Safeguards Policy and Guidance Southend Safeguarding Adults Board Essex Safeguarding Adults Board Thurrock Safeguarding Adults Board (March 2018) 1 Document
More informationIMHA 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 informationMAKING 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 informationNational 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 informationAdmission 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 informationDementia Gateway: Making decisions
DEMENTIA GATEWAY WHAT THE RESEARCH SAYS Dementia Gateway: Making decisions Key messages There is not much research on the experiences of social care staff, and people with dementia and their carers within
More informationSupervised 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 informationCourt 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 informationSAFEGUARDING 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 informationPolicy: 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 informationGuidance for completing the Internal Agency Investigation Report. This form requires completion within 28 days of the alert being raised.
Guidance for completing the Internal Agency Investigation Report The purpose of this is to support managers completing the Mandatory Internal Agency Investigation Report. This report should be completed
More informationCCG 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 informationDeprivation 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 informationThe Newcastle upon Tyne Hospitals NHS Foundation Trust
The Newcastle upon Tyne Hospitals NHS Foundation Trust Advance Decision to Refuse Treatment Policy (Advanced Refusal of Treatment/ Previously known as Living Wills) Incorporating the Mental Capacity Act
More informationPolicy 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 informationSafeguarding Vulnerable Adults Policy and Procedures
155-159 Freeman Street, Grimsby, North East Lincolnshire, DN32 7AR Tel: 01472 240440 Safeguarding Vulnerable Adults Policy and Procedures The CPO Media policy adheres to the multi-agency policy, procedures
More informationInformation and Guidance for the Deprivation of Liberty Safeguards (DoLS) Data Collection
Information and Guidance for the Deprivation of Liberty Safeguards (DoLS) Data Collection Collection period 1 April 2018 to 31 March 2019 Published September 2017 Copyright 2017 Health and Social Care
More informationGeneral Chiropractic Council. Guidance consultation: Consent
General Chiropractic Council Guidance consultation: Consent November 2015 Standards within the Code with reference to Consent: E: Obtain informed consent for all aspects of patient care. C7: Follow appropriate
More informationSomerset Treatment Escalation Plan & Resuscitation Decision Policy
Somerset County County-wide Policy Title: SOMERSET TREATMENT ESCALATION PLAN (STEP) & RESUSCITATION DECISION POLICY Keywords Not for CPR, DNACPR, Ceiling of Care, Treatment Escalation Plan, Allow Natural
More informationNHS Continuing Health Care Consent Form
NHS Continuing Health Care Consent Form Surname/family name (of individual being assessed) First names Date of birth: NHS number (or other identifier)... Responsible professional 1 Name:...... Job title...
More informationDeprivation 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 informationBirmingham 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 informationBut 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 informationDeprivation 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 informationCCG 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 informationAdvance decisions to refuse treatment
NHS Improving Quality Advance decisions to refuse treatment A guide for health and social care professionals 2 Contents 1. Executive summary Advance decisions A quick summary of the Mental Capacity Act
More informationChapter 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 informationSELF-NEGLECT, CAPACITY & REFUSAL OF CARE. Penny Rogers.
SELF-NEGLECT, CAPACITY & REFUSAL OF CARE Penny Rogers. Relevant Legal Frameworks European Convention on Human Rights provides, the right to liberty and security (article 5) and the right to respect for
More informationMental Capacity Act Acute Hospitals Training Set
Mental Capacity Act 2005 Acute Hospitals Training Set DH INFORMATION READER BOX Policy HR/Workforce Management Planning Clinical Document purpose Gateway reference 8082 Title Author Estates Performance
More informationPolicy 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 informationPROCEDURE AND GUIDELINES FOR THE ADMINISTRATION OF MEDICATION IN FOOD OR DRINK TO PEOPLE UNABLE TO GIVE CONSENT TO OR WHO REFUSE TREATMENT MM10
MERSEY CARE NHS FOUNDATION TRUST HOW WE MANAGE MEDICINES Medicines Management Services aim to ensure that (i) Service users receive their medicines at times that they need them and in a safe way. (ii)
More informationA 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 informationCONSENT TO EXAMINATION OR TREATMENT NOVEMBER This policy supersedes all previous policies for Consent to Examination or Treatment
CONSENT TO EXAMINATION OR TREATMENT NOVEMBER 2015 This policy supersedes all previous policies for Consent to Examination or Treatment Policy title Consent to Examination or Treatment Policy CL06 reference
More informationDRAFT - 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 informationCapability and Consent Tool B.C. Edition
Capability and Consent Tool B.C. Edition Introduction The Capability and Consent Tool, BC Edition, was developed to assist health care providers to navigate through the complicated system of guardianship
More informationComplying 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 informationAdvance Decisions to Refuse Treatment (ADRT) and Advance Statements Policy
A member of: Association of UK University Hospitals Advance Decisions to Refuse Treatment (ADRT) and Advance Statements Policy (Replaces policy No.TPMHA&MCA/115 V.1) POLICY NUMBER TPMHA&MCA/115 POLICY
More informationCARE PROGRAMME APPROACH POLICY. Care Programme Approach. Quality and Safety Committee. Disclaimer
CARE PROGRAMME APPROACH POLICY Reference No: UHB 118 Version No: 1 Previous Trust / LHB Ref No: T/226 Documents to read alongside this Policy Care Programme Approach Procedures Classification of document:
More informationUse of the Mental Health Care Act and Referral Pathways in Psychiatric Emergencies. Dr Pete Milligan UCT Department of Psychiatry and Mental Health
Use of the Mental Health Care Act and Referral Pathways in Psychiatric Emergencies Dr Pete Milligan UCT Department of Psychiatry and Mental Health Autonomy Beneficence Non-maleficence Legislative Framework
More informationADVANCE MEDICAL DIRECTIVES
ADVANCE MEDICAL DIRECTIVES Health Care Declaration (Living Will) and Medical Power of Attorney What is an Advance Directive? Many people are concerned about what would happen if, due to a mental or physical
More informationSAFEGUARDING 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 informationAdvance Decision to Refuse Treatment (ADRT) Policy
Advance Decision to Refuse Treatment (ADRT) Policy This procedural document supersedes: PAT/PA 27 v.1 - POLICY FOR THE MANAGEMENT OF ADVANCE DECISION TO REFUSE TREATMENT (ADRT) Did you print this document
More informationWe are the regulator: Our job is to check whether hospitals, care homes and care services are meeting essential standards.
Inspection Report We are the regulator: Our job is to check whether hospitals, care homes and care services are meeting essential standards. Dovehaven Nursing Home 9-11 Alexandra Road, Southport, PR9 0NB
More informationBest practice guidance in covert administration of medication
Bulletin 101 September 2015 Community Interest Company Best practice guidance in covert administration of medication This guidance aims to support clinicians and carers who are trying to manage challenges
More informationSection 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 informationMental Holds In Idaho
Mental Holds In Idaho Idaho Hospital Association Kim C. Stanger (4/17) This presentation is similar to any other legal education materials designed to provide general information on pertinent legal topics.
More informationADVOCATES 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 informationNHS Continuing Healthcare Consent Form
Background: Before we can undertake the NHS Continuing Healthcare (CHC) assessment, we require a number of consents to proceed. These consents can only be provided by the patient, when they have mental
More informationMental 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 informationCHILD VISITING POLICY IN MENTAL HEALTH SETTINGS
CHILD VISITING POLICY IN MENTAL HEALTH SETTINGS Reference No: UHB 156 Previous Trust / LHB Ref No: MH Central index 17a Documents to read alongside this Policy The Guidance on the Visiting of Psychiatric
More informationConsent to Examination or Treatment Policy
Policy: C7 Consent to Examination or Treatment Policy Version: C7/08 Ratified by: Trust Management Team Date ratified: 11 March 2015 Title of Author: Title of responsible Director Governance Committee
More informationISLE 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 informationSpecialist 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 informationLegal Issues Advance Care Planning Advance Directives. May 9, 2014
Legal Issues Advance Care Planning Advance Directives May 9, 2014 Advance Health Care Directives Two types: Instructive Directive Proxy Directive Provides information to health care professionals if a
More informationTRUST CORPORATE POLICY SAFEGUARDING ADULTS AT RISK OF HARM INCLUDES MENTAL CAPACITY ACT; DEPRIVATION OF LIBERTY AND PREVENT
TRUST CORPORATE POLICY SAFEGUARDING ADULTS AT RISK OF HARM INCLUDES MENTAL CAPACITY ACT; DEPRIVATION OF LIBERTY AND PREVENT APPROVING COMMITTEE(S) EFFECTIVE FROM DISTRIBUTION RELATED DOCUMENTS STANDARDS
More informationCommunity 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 informationThe 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 informationAdvance Statements and Advance Decisions to Refuse Treatment Policy
Advance Statements and Advance Decisions to Refuse Treatment Policy DOCUMENT CONTROL: Version: V4 Ratified by: Mental Health Legislation Sub Committee Date ratified: 22 December 2017 Name of originator/author:
More informationADVANCE DECISIONS TO REFUSE TREATMENT A Guide for Health and Social Care Professionals
ADVANCE DECISIONS TO REFUSE TREATMENT A Guide for Health and Social Care Professionals DH INFORMATION READER BOX Policy HR/Workforce Management Planning / Clinical Estates Commissioning IM & T Finance
More informationWorcestershire Primary Care Trust. Safeguarding Adults Policy. Quality and Safety Committee Date ratified: March 2009
Worcestershire Primary Care Trust Safeguarding Adults Policy Version: Final Ratified by: Quality and Safety Committee Date ratified: March 2009 Name of originator/author: Vicky Preece Name of responsible
More informationReports 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 informationSafeguarding Vulnerable Adults Policy
POLICY & PROCEDURES PROTECTION OF VULNERABLE ADULTS This policy was written in conjunction with the Multi-Agency Safeguarding of Vulnerable Adults in Lincolnshire Policy STATEMENT The welfare of all vulnerable
More informationAdvance Decisions to Refuse Treatment. Specialist Guidance (Adult)
East Midlands Health and Social Care Community Advance Decisions to Refuse Treatment Specialist Guidance (Adult) April 2007 1 CONTENTS Contents Page 2 Documentation Control Page 3 Preface Page 4 Executive
More informationSOUTH CENTRAL AMBULANCE SERVICE NHS FOUNDATION TRUST
SOUTH CENTRAL AMBULANCE SERVICE NHS FOUNDATION TRUST CLINICAL SERVICES POLICY & PROCEDURE (CSPP No.21) CONSENT POLICY & PROCEDURE September 2018 DOCUMENT INFORMATION Author: Dave Sherwood Assistant Director
More informationGOOD PRACTICE GUIDE. The Adults with Incapacity Act in general hospitals and care homes
GOOD PRACTICE GUIDE The Adults with Incapacity Act in general hospitals and care homes Reviewed March 2017 This document was reviewed in Spring 2017 in light of changes to the Mental Health Act. It was
More informationProtocol 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 informationPolicy 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 informationAssessment and Care of Children and Young People with Mental Health Needs, who are placed in an Acute General Hospital Ward Policy
Assessment and Care of Children and Young People with Mental Health Needs, who are placed in an Acute General Hospital Ward Policy DOCUMENT CONTROL: Version: 1 Ratified by: Clinical Quality and Standards
More informationADVANCE STATEMENT, ADVANCE DECISION POLICY
LOCAL DIVISION CLINICAL SERVCE BASED POLICY DOCUMENT ADVANCE STATEMENT, ADVANCE DECISION POLICY Policy Number: SD 19 Scope of this Document: Recommending Committee: Appproving Committee: All staff Patient
More informationUse and views of the Mental Capacity Act 2005
Use and views of the Mental Capacity Act 2005 Kritika Samsi, Jill Manthorpe Social Care Workforce Research Unit King s College London Programme of Research Mental Capacity Act Introduction to : Evidence-based
More informationSafeguarding 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 informationTRUST WIDE CARE PROGRAMME APPROACH POLICY (INCLUDING ARRANGEMENTS FOR STANDARD CARE PLAN)
TRUST WIDE CARE PROGRAMME APPROACH POLICY (INCLUDING ARRANGEMENTS FOR STANDARD CARE PLAN) Date effective from: 1 st May 2014 Review date: 28 th April 2016 Version number: 3.0 See Document Summary Sheet
More information