Mental Capacity Act/Deprivation of Liberty Safeguards Policy – Updated for 2018
The Safeguarding Adult Boards’ across SET (Southend, Essex and Thurrock) have updated the Mental Capacity Act/Deprivation of Liberty Safeguards (MCA/DoLS) Policy, Guidance and Mental Capacity Assessment Form.
The purpose of the document is to provide the framework for assessing people’s mental capacity, as well as assessing best interests in line with the Mental Capacity Act 2005 including Deprivation of Liberty Safeguards 2009 and Codes of Practice. The policy aims for service users feel they have access to: a) good information and advice b) support in making specific decisions c) flexible care and support and d) risk enablement to allow them to plan and keep control. It is important for practitioners working with MCA/DoLS service users to be familiar with the full policy, guidance and forms, but to help identify the changes we have highlighted below.
nexus - is there a causative link
between the impairment in the functioning of the brain or mind AND whether
the person is unable to make the decision because of this impairment of
their mind or brain.
incapacity - Lack of mental capacity as a
result of an impairment/disturbance in mind/brain must be distinguished
from a situation where a person is unable to make their own decision as a
result of duress or undue influence.
Not Attempt Resuscitation (DNAR)
assessment of mental capacity for important decisions such as a Do Not
Attempt Resuscitation (DNAR) form should be completed when a DNAR is set
in place for a person who lacks mental capacity.
people and the Mental Capacity Act - Where
a young person aged 16 and over has mental capacity and does not consent
to a decision, their wishes and views must be upheld.
The forms have been updated in line
with the above sections
The forms have been streamlined and
separated to allow practitioners to use whichever form is appropriate and
ECC Prioritisation Tool - for DoLS authorisation requests
Following the Supreme Court ruling on 19 March 2014 with regard to Cheshire West and Chester Council v P, Essex County Council has experienced an unprecedented increase in requests for Deprivation of Liberty Safeguards Assessments.
As a result, the Council has adopted a Prioritisation Tool that is used to assess the risks and help decide on allocation order of assessments.