Mental Capacity Act and DoLS

The Mental Capacity Act came into force on 1 October 2007. It aims to protect people who cannot make decisions for themselves for any reason. It provides clear guidelines for carers and professionals about who can take decisions in which situations.

The Act states that everyone should be treated as being able to make their own decisions, until it is shown that they are not. It also aims to enable people to make their own decisions for as long as they are capable of doing so.

A person’s capacity to make a decision will be established at the time that a decision needs to be made. A lack of capacity could be because of mental health problems, dementia, a severe learning disability, a brain injury, a stroke or unconsciousness due to an anaesthetic or a sudden accident.

It also makes it a criminal offence of neglect or ill-treatment of a person who lacks capacity. An explanatory document is available to download from this page.

 

Deprivation of Liberty Safeguards

The Deprivation of Liberty Safeguards have been introduced into the Mental Capacity Act 2005 by the Mental Health Act 2007.

The safeguards provide a framework for approving the deprivation of liberty for people who lack the capacity to consent to care or treatment in either a hospital or care home that, in their own best interests, can only be provided in circumstances that amount to a deprivation of liberty.

The legislation contains detailed requirements about when and how deprivation of liberty may be authorised. It provides for an assessment process that must be undertaken before deprivation of liberty may be authorised and detailed arrangements for renewing and challenging the authorisation of deprivation of liberty.

 

Mental Capacity News

If you support people with dementia, learning difficulties or other cognitive issues, then the Mental Capacity Act (MCA) is relevant to you. The new MCA project newsletter is out now- with news on the government consultation, local partnership working and new initiatives, as well as information about using the law in practice.

The newsletter also includes this link to our new web-resource of tools, information, case studies and real life stories:

http://bhamsouthcentralccg.nhs.uk/2012-02-08-14-59-22/mental-capacity-act

Please feel free to share both resources with citizens, patients, colleagues and partners. If you have views about any of the content, we’d love to hear from you:

  • From the website you can tell us how you’ve been using the resources
  • suggest additions or improvements we could make
  • You know about an opportunity for partnership working that will help us raise awareness of the MCA.

MCA Project Newsletter 2nd Quarter Issue

 

Managing Authorities

It is the responsibility of the managing authorities (care homes and hospitals) to request an authorisation from the supervisory bodies. If you need to refer to the council please do so using the fax/email below and attaching the correct forms.

In light of the recent case law judgements Birmingham City Council local authority have issued the following statement CLICK HERE to view

Who to contact for more information

MCA-DOLs Administration Team
3rd Floor
67 Sutton New Road
PO Box 16370
Erdington
Birmingham
B2 2AE

Phone: 0121 675 1684
Fax: 0121 675 1064
Email: mcadols.admin@birmingham.gov.uk

For any queries you can contact the MCA DOLs Lead William Agyapong on

Email: william.agyapong@birmingham.gov.uk

 

New Forms and Guidance

DoLs Guidance Deprivation of Liberty Guidance 2015 (pdf)

form 1 Standard and urgent request  Deprivation of Liberty Form 1 Standard and Urgent Request (Doc)

Form 2 Further authorisation request Deprivation of Liberty Form 2 Further Authorisation Request (Doc)

Form 3 BIA combined assessments  Deprivation of Liberty Form 3 BIA Combined Assessments (Doc)

Form 3a BIA No deprivation  Deprivation of Liberty Form 3A BIA No Deprivation (Doc)

Form 4 MH eligibility capacity  Deprivation of Liberty Form 4 Mental Health Eligibility Capacity Assessments (Doc)

Form 5 Standard authorisation granted  Deprivation of Liberty Form 5 Standard Authorisation Granted (Doc)

Form 6 Standard authorisation not granted  Deprivation of Liberty Form 6 Standard Authorisation Not Granted (Doc)

form 7 suspension of standard authorisation  Deprivation of Liberty Form 7 Suspension of Standard Authorisation (Doc)

Form 8 termination of representative  Deprivation of Liberty Form 8 Termination of Representative (Doc)

Form 9 standard authorisation ceased  Deprivation of Liberty Form 9 Standard Authorisation Ceased (Doc)

Form 10 review request  Deprivation of Liberty Form 10 Review Request (Doc)

Form 11 IMCA Referral Deprivation of Liberty Form 11 IMCA Referral (Doc)

Form 12 Notification to coroner  Deprivation of Liberty Form 12 Notification to Coroner (Doc)