Deprivation of Liberty Safeguards

Code of Practice to Supplement the Main Mental Capacity Act 2005 Code of Practice

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Author: Tso

Publisher: The Stationery Office

ISBN: 9780113228157

Category: Education

Page: 120

View: 7818

The Mental Capacity Act 2005 provides a statutory framework for acting and making decisions on behalf of individuals who lack the mental capacity to do so for themselves. It introduced a number of laws to protect these individuals and ensure that they are given every chance to make decisions for themselves. The Act has recently been supplemented with new provisions pertaining to those who 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. This Code of Practice provides guidance and information for professionals implementing the deprivation of liberty safeguards legislation on a daily basis. In some cases, this will be paid staff, in others, those who have been appointed by law to represent individuals who lack capacity to make decisions for themselves (such as deputies or donees of a Lasting Power of Attorney).The Code incorporates good practice and demonstrates how the principles of the Act can be applied to those who have been deprived of their liberty for their own safety, or for the safety of others.

Deprivation of Liberty Safeguards Handbook

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Author: Steven Richards,Aasya F Mughal

Publisher: BookBaby

ISBN: 1682227685

Category: Law

Page: 148

View: 347

The Deprivation of Liberty Safeguards (DoLS) Handbook is designed to provide a clear and detailed explanation of DoLS. It is written in an accessible and practical format to be of maximum use to health and social care staff so they can be confident using DoLS in daily practice. It is the most complete and up to date guide on DoLS in practice currently available. The handbook is written by Steven Richards and Aasya F Mughal (barrister) authors of two highly popular books Working with the Mental Capacity Act 2005 and Working with the Mental Health Act. Both Steven and Aasya train health and social care professionals (including DoLS assessors and authorising signatories) around the country on the Mental Capacity Act and DoLS and have used this experience to produce a book that answers the most commonly asked questions on DoLS in practice. Although DoLS is currently under review there is no plan to change the legislation before 2018 at the earliest. Until then staff working in health or social care settings and DoLS assessors need a clear and practical guide on its use and application in practice. This handbook is written to meet that need.

Mental Capacity Legislation

Principles and Practice

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Author: Rebecca Jacob,Michael Gunn,Anthony Holland

Publisher: RCPsych Publications

ISBN: 9781909726000

Category: Medical

Page: 122

View: 9354

This book draws on clinical experience, case law and the developing research literature accrued during the six years that the Mental Capacity Act (MCA) and the Deprivation of Liberty Safeguards (DoLS) have been in effect. It focuses on the theory underpinning the principles of this legislation and the practical challenges of applying it in clinical settings. It also compares and contrasts the remit of the Mental Capacity Act with that of the Mental Health Act. The book is aimed at psychiatrists and other mental health professionals who treat individuals who lack capacity, and also at those called upon to guide and advise colleagues in acute hospitals and residential care settings about the assessment of capacity, DoLS and the appropriate use of best interests principles. The contributors, who include both clinicians and clinical academics, have been chosen to ensure that both practical and research considerations pertaining to the statute are taken into account. (Please note, this book applies to the law in England and Wales only.)

Mental Health and Mental Capacity Law for Social Workers

An Introduction

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Author: Simon Godefroy

Publisher: Learning Matters

ISBN: 1473934133

Category: Social Science

Page: 192

View: 9501

Many social work students find the study of mental health legislation a complex and at times challenging process. Acts of law can seem irrelevant and far-removed from everyday practice and the person-centred approach that many social workers take. This book introduces students to the fundamental principles of mental health law and how they can be applied to everyday practice. There are clear introductions to key Acts such as the Mental Capacity Act and the Mental Health Act as well as the relevant Codes of Practice. These introductions, applied to social work case examples from practice, make this book a perfect key text for the social work law module. Students will see that mental health law doesn't exist in a vacuum and instead develops and evolves through constant interaction with the fundamental principles of sound social work practice.

The Maudsley Handbook of Practical Psychiatry

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Author: Gareth Owen,Simon Wessely,Robin Murray

Publisher: Oxford University Press, USA

ISBN: 0199661707

Category: Medical

Page: 240

View: 6777

Second edition published under the title: Psychiatric examinations, 1987. Unable to establish if the first edition was also published under this title.

Mental Capacity Act 2005

A Guide to the New Law

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Author: Nicola Greaney,Fenella Morris,Beverley Taylor

Publisher: N.A

ISBN: 9781853289033

Category: Capacity and disability

Page: 337

View: 2022

This book provides a thorough analysis of the Mental Capacity Act 2005 and includes the full text of the Act. The authors are experienced practitioners who give legal and practical insights derived from the application of the current common law scheme which the Act will replace.

Legal Aspects of Mental Capacity

A Practical Guide for Health and Social Care Professionals

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Author: Bridgit C. Dimond

Publisher: John Wiley & Sons

ISBN: 1119045363

Category: Law

Page: 376

View: 1677

Highly Commended in Health and social care in the 2017 BMA Medical Book Awards The Mental Capacity Act (2005) regulates decision making processes on behalf of adults who are unable to give informed consent, due to a loss in mental capacity (be that from birth, or due to an illness or injury at some point in their lives). Since the Act’s original conception the new Court of Protection is now firmly established, and there have been significant Supreme Court cases, as well as further guidance on the 2005 Act and major developments in the use and assessment for Deprivation of Liberty Safeguards. Thoroughly updated to take account of the many updates, developments and changes in legislation and guidance, the new edition of Dimond’s authoritative guide will be warmly welcome by practitioners and students who need to understand and work within the Mental Capacity Act, and how it applies to their professional responsibilities. A highly practical guide to the Mental Capacity Act and its provisions since its conception in 2005 Relevant for a wide range of practitioners and students within health and social care Highly readable and easily accessible, even for those with no legal background Includes a range of learning features, including scenarios, questions and answers, key summary points, and applications for practice. Legal Aspects of Mental Capacity is an essential resource for all healthcare and social services professionals, students patient services managers and carers working with those who lack the capacity to make their own decisions.

Mental Health Law in England and Wales

A Guide for Mental Health Professionals

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Author: Paul Barber,Robert Brown,Debbie Martin

Publisher: Learning Matters

ISBN: 1473934117

Category: Law

Page: 544

View: 5855

Lecturers, click here to request your electronic inspection copy. This is a complete guide to the Mental Health Act 1983, and is a comprehensive and up-to-date reference guide for any mental health professional – from social workers, psychologists and occupational therapists, to doctors and nurses. The book aims to simplify mental health law so that it’s accessible to busy professionals at all stages of practice as well as those affected by mental health law. Key chapters include details on who operates the Act, who is affected by it, how people may be subject to compulsion, how the law governs issues of capacity and consent to treatment, how to appeal against compulsion, and the role of the nearest relative. There are also important chapters on advocacy, children and human rights issues, as well as extensive appendices, which provide access to the 1983 Act itself, important rules and regulations and a summary of key cases that have been decided by the courts. Key updates for this edition include: - revised Codes of Practice for both England and Wales - the impact of the Cheshire West case decisions in the Supreme Court - expanded consideration of the assessment of capacity - revisions of the tribunal report requirements in England - revised Reference Guide - much expanded case law Appendix

Safeguarding Adults and the Law

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Author: Michael Mandelstam

Publisher: Jessica Kingsley Publishers

ISBN: 1849053006

Category: Social Science

Page: 671

View: 6313

The protection of vulnerable adults is an increasingly important issue right across health and social care. Safeguarding Vulnerable Adults and the Law, now in its second edition, sets this complex area of work within a comprehensive legal framework and provides extensive guidance for practitioners and students. The book covers Department of Health guidelines, human rights, the regulation of health and social care providers, the barring of carers from working with vulnerable adults, care standards tribunal cases, mental capacity, undue influence, assault, battery, willful neglect, ill treatment, manslaughter, murder, theft, fraud, sexual offences, data protection and the sharing of information. It focuses on how these areas of law apply to vulnerable adults, and brings together an extensive body of case law to illustrate this. Also covered is how local authorities and the NHS may themselves be implicated in the harm - through abuse, neglect or omission - suffered by vulnerable adults. This fully-updated second edition comprehensively reflects recent changes to the law, and includes many new case studies. This book will be an invaluable resource for all those working in community care, adult social work, health care and housing. Those working for local authorities, the NHS, voluntary organizations and students will find it to be essential reading.

Post-Legislative Assessment of the Mental Health Act 2007

Memorandum to the Health Committee

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Author: Great Britain: Department of Health

Publisher: The Stationery Office

ISBN: 9780101840828

Category: Mental health laws

Page: 33

View: 6267

The Mental Health Act 2007 ch. 12 is available separately (ISBN 978105412076)

Preventive Justice

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Author: Andrew Ashworth,Lucia Zedner

Publisher: OUP Oxford

ISBN: 0191021059

Category: Law

Page: 310

View: 1345

This book arises from a three-year study of Preventive Justice directed by Professor Andrew Ashworth and Professor Lucia Zedner at the University of Oxford. The study seeks to develop an account of the principles and values that should guide and limit the state's use of preventive techniques that involve coercion against the individual. States today are increasingly using criminal law or criminal law-like tools to try to prevent or reduce the risk of anticipated future harm. Such measures include criminalizing conduct at an early stage in order to allow authorities to intervene; incapacitating suspected future wrongdoers; and imposing extended sentences or indefinate on past wrongdoers on the basis of their predicted future conduct - all in the name of public protection and security. The chief justification for the state's use of coercion is protecting the public from harm. Although the rationales and justifications of state punishment have been explored extensively, the scope, limits and principles of preventive justice have attracted little doctrinal or conceptual analysis. This book re-assesses the foundations for the range of coercive measures that states now take in the name of prevention and public protection, focussing particularly on coercive measures involving deprivation of liberty. It examines whether these measures are justified, whether they distort the proper boundaries between criminal and civil law, or whether they signal a larger change in the architecture of security. In so doing, it sets out to establish a framework for what we call 'Preventive Justice'.

Mental Capacity

Law and Practice

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Author: Gordon Ashton,Marc Marin,Alex Ruck Keene,Claire Van Overdijk,Martin Terrell

Publisher: N.A

ISBN: 9781784731601

Category:

Page: 1056

View: 1851

This new edition builds on the success of Mental Capacity: The New Law which was published in response to the Mental Capacity Act 2005. The title has been extensively revised to provide coverage of all the latest developments in legislation, procedure and case law, including an examination of the deprivation of liberty safeguards and a new chapter dealing with the re-emergence of the inherent jurisdiction of the High Court and the cross-over with administrative law.Mental Capacity: Law and Practice provides an authoritative commentary, highlighting areas of potential difficulty and offering practical guidance on the challenges that the legislation poses. It includes the text of the Mental Capacity Act 2005 (as amended) and the supplementary Codes of Practice.This book is essential reading for all private client lawyers, chancery practitioners, non-contentious lawyers and healthcare professionals.

Monitoring Places of Detention

First Annual Report of the United Kingdom's National Preventive Mechanism 2009-10

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Author: Great Britain: Ministry of Justice

Publisher: The Stationery Office

ISBN: 9780101801027

Category: Law

Page: 65

View: 7654

In the UK and elsewhere there has been growing recognition of detainee's vulnerability and the need for robust, independent mechanisms to protect them from ill-treatment. This view was given formal recognition by the United Nations when it adopted the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) and its ratification by the UK in 2003. The basic premise of OPCAT is that protections for those who are detained can be strengthened by a system of regular visits to all places of detention. OPCAT requires the designation of a national preventive mechanism (NPM) to carry out such visits and to monitor treatment. The UK NPM was established in March 2009 when it was decided that the functions of the mechanism would be fulfilled by the collective action of 18 existing bodies with the HM Inspectorate of Prisons as co-ordinator. This report is the first annual report from the NPM in the UK. It details the individual and collective activities of its members in the period 1 April 2009 to 31 March 2010. As well as providing background information on OPCAT and the role of the NPMs, it outlines the role of the individual members and their detention-related activities. The NPM also makes its first collective recommendation that the UK government identifies any places of detention not visited by the NPM and ensures that those gaps are addressed

Practical Social Work Law

Analysing Court Cases and Inquiries

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Author: Siobhan E. Laird

Publisher: Routledge

ISBN: 1317864670

Category: Law

Page: 576

View: 9901

Practical Social Work Law: analysing court cases and inquiries presents legal issues associated with social work in an accessible format. It approaches the law in a way that is less daunting and more engaging by examining actual court cases and public inquiries, and explores the stories of real people and the legal and ethical dilemmas practitioners will face. The text adopts a problem-centred approach to learning by introducing the reader to key aspects of the law through a series of real-life situations; it addresses basic principles regarding the operation of the law and explores the lessons for good practice. Each chapter addresses a specific area of social work law including family breakdown, safeguarding children, youth justice, adults with disabilities, mental health and mental capacity. Landmark cases, cases drawn from the lower courts, tribunals, and ombudsman’s decisions are included throughout presenting an accessible account of the application of the law. Practical Social Work Law is an essential text for undergraduate, postgraduate and recently qualified social workers who are wrestling with the complexity of the law and the professional dilemmas it poses for their practice. "This book is unusual for a law book in that it is not only a reference book but also a very readable volume...[It] is set out clearly and provides a sound basis for student social workers new to the law and a refresher for qualified practitioners." Catherine Poulter. RSW. Integrated Community Services. Carmarthenshire County Council

Mental Capacity Act Manual

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Author: Richard Martin Jones

Publisher: Sweet & Maxwell

ISBN: 9780421918207

Category: Capacity and disability

Page: 146

View: 4385

Provides a comprehensive guide to the Mental Capacity Act 2005 soon after it receives Royal Assent Shows how the new Act interacts with the Mental Health Act 1983 Analyses the implications of the Act for each group involved - patients, local authorities, medical professionals, independent care homes, hospitals, etc Clarifies the new decision making mechanisms which will allow decisions to be taken on behalf of people lacking mental capacity Explains the new legal test that must be used to establish capacity Goes through the defences available for breach of the Act Explains the scope of the new lasting powers of attorney Deals with related areas such as the financial affairs of a person without capacity Details the new powers of the Court of Protection Covers mental capacity in both clinical and care scenarios Acts as a companion volume to the Mental Health Act Manual