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News and Updates for todays Deprivation of Liberty Safeguards conference

Monitoring the Deprivation of Liberty Safeguards
Rachel Griffiths,
Consultant, Rachel Griffiths Consultancy Ltd
Pre event abstract
When DoLS came into effect, in April 2009, their birth coincided with that of the Care Quality Commission (CQC), formed by amalgamating the earlier regulators for heath with those for social care.
The guidance for the first Health and Social Care Information Centre (HSCIC, now NHS Digital) explained: ‘Regulations also give CQC the power to require the production of information from hospitals, care homes, PCTs and local authorities. In addition, Ministers have asked for additional assurance that the rights and entitlements of people deprived of their liberty under the Safeguards are better protected.’
So from the start the data were approached from opposite ends: demographic information, collected by the supervisory bodies, local authorities and Primary Care Trusts (PCTs), was analysed by HSCIC (now named NHS Digital), while the CQC explored, during its regular inspection programme, whether the managing authorities were carrying out their duties within the wider MCA including DoLS.  But all this was in the context that, as CQC regularly pointed out, there was a great amount of unrecognised deprivation of liberty.
The implication for CQC, in its MCA monitoring, of its role as part of the National Preventive Mechanism (NPM) for the Optional Protocol to the Convention against Torture (OPCAT) are an emphasis on the importance of a human rights-based approach to inspection and regulation.  Additionally, respect for the autonomy of people with disabilities is an increasingly strong driver in light of the increased emphasis on autonomy irrespective of capacity coming from the CRPD committee: this presents clear challenges to the Mental Capacity Act, and in particular to the whole concept of depriving people of their liberty to give care and treatment.
Rachel gave an interesting talk this morning about monitoring DOLS – strengthening monitoring, monitoring against the MCA including liberty protection, and asking what can be done better?
Full powerpoint presentation

Ensuring Effective Outcomes: Assessments and Authorisations, Principles and Process
Andy Butler,
Principal Social Worker (Adults), Surrey County Council
Pre-Event Abstract
‘It is not possible to work effectively in Health or Social Care in 2018 without being confident and competent in supporting people who have a degree of cognitive impairment or a condition that may result in compromised mental capacity. In particular professionals need to have an applied knowledge of the Mental Capacity Act
Local authorities have a key role in the effective implementation of The Mental Capacity Act (MCA) and the Deprivation of Liberty Safeguards (DOLS) – and in the proposed Liberty Protection Safeguards.
They are responsible for commissioning all local Independent Mental Capacity Advocates (IMCA) services and are the Supervisory Body for all Deprivation of Liberty Safeguards requests in Care Homes and Hospitals, including instructing Best Interest Assessors and Mental Health Assessors and appointing paid, and unpaid Relevant Persons Representatives.
Full powerpoint presentation

Best Interest Assessment Practice
Chris Pearson,
Director, CPMCA Ltd, Best Interest Assessor/NHS Social Worker and DoLS Supervisory Body, BCUHB
Pre-event Abstract
It is important to put into context the central role of a Best Interest Assessor (BIA) in order to then view the intended role of the Approved Mental Capacity Professional (AMCP).  As the role of AMCP is broadly based on the current best interest assessor, it will be the case that both roles are based on their unique encounter with an individual who may lack capacity and the huge responsibility that brings to make sure it is personalised, not just process driven.  Our starting point in any assessment, whether a BIA or otherwise has to be to strive for the less restrictive, not the less resistive because the latter may be easier to do and the former too difficult at times.
Full powerpoint presentation


Also of Interest

Information Governance NHS Summit 2018: Ensuring Compliance with GDPR in Health and Social care
Monday 8 October 2018, London

Masterclass: The Use of Restrictive Interventions: The legal framework
Thursday 8 November 2018, London

Mental Health Awareness Training
Monday 12 November 2018, London

Caldicott Guardian Training Course
Friday 16 November 2018, London

Caldicott Principles & Information Sharing in Adult Safeguarding
Friday 30 November 2018, London

MASTERCLASS: Applying the Care Act – making legally literate decisions about personal budgets
Friday 14 December 2018, London

Adult Safeguarding in Hospitals: Improving Adult Safeguarding Practice
Friday 18 January 2019, London

 


24 September 2018

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