News & Updates 

DoLS Case Law Summary 2015-17 Crib Sheet (November Edition) 

This sheet gives a brief overview of the biggest DoL cases over the last two years.

 

Changes to Sections 135 & 136 of the Mental Health Act- A brief Summary- 

Changes to sections 135 & 136 of the Mental Health Act come into force on the 11th December. Read our two page summary of the changes, integrating relevant parts of the newly published Dept of Health and Home Office guidance and the Regulations.

 

NCEPOD Report

A new report says failure to integrate physical and mental healthcare by hospitals means patients with mental health issues get poor care. To read the report, please click here

 

Suicide Rates Increase- A Report

This report shows an increase in suicide rates under crisis services, highlighting the strain on mental health care. The report also highlights the role of economic factors, recent migration and alcohol misuse. To read the report, please click here

 

AMHPs Petition: Underpaid and Under Resourced

A new petition has started on Change.org. If you're an AMHP struggling with current resources, click here to read more and sign (you don't have to be an AMHP to sign!).

 

Transforming our justice system: consultation - Ministry of Justice

There are proposals to change the composition of the current tribunal system so that the use of non legal members will be reduced. The consultation paper explains at paragraph 7.3.3:

 "...we want to move away from a blanket approach of using non-legal members regardless of whether their specialist expertise and knowledge is relevant or required. Instead, they should only be part of the panel where their presence is relevant to the case..."

If you have views on this, please do respond to the consultation document which is available to download here and includes details of where to send your responses. The deadline has been extended to 24th November. 

 

DoLS Stats- Presentation

The latest DoLS statistics were published at the end of September 2016. Edge Director, Steven Richards has analysed them and shared a brief overview presentation with statistical mapping! To download, click here.

 

BIA Survey- Positive Outcomes 

The recent Law Commission interim report on replacing DoLS with a new procedure said:

 
"Most consultees perceived the DoLS to be overly technical and legalistic and, more significantly, to have failed to deliver improved outcomes for people who lack capacity and their families and other unpaid carers."    The full report can be downloaded from www.lawcom.gov.uk
 
We think the statement that DoLS has not "improved outcomes for people"  is incorrect. Many BIAs we meet on our training courses and conferences tell us about the poor care situations they find people in and the real difference their assessments make. This simple survey is an attempt to show policy makers and others the value of an independent professional assessment as part of any future replacement for DoLS. Anonymised results will be published online and as a pdf once all the submissions have been processed.
 
If you are a BIA and would like to complete it please click here

 

Cornwall DoLS Team Research- Calling All BIAs!

Cornwall Council are undertaking a DoLS Time Study. Their DoLS team wishes to establish how much time it takes BIAs to complete their assessments and any time standards that they may have to work within. To take part (anonymously) in this simple survey, click here. Survey closes at 5pm, 21st August 2015.

 

New Voiceability Guide

One of the Edge directors, Steven Richards was consulted on the new guide by Voiceability. It is called the Practice Guide for Advocates Challenging Decisions or Actions With or on Behalf of Individuals and is an innovative way to assist advocates with their increasingly challenging role. As a previous advocate, Steven was delighted to be involved.  You can download the guide here 

 

The AMHP Community of Interest's report on the Impact of Cheshire West on AMHP Practice and Service Delivery

The report, endorsed by the The College of Social Work considers the impact of the Supreme Court judgment on AMHP practice and the consequential increase in Mental Health Act assessments. The report's author is Emad Lilo and it may be downloaded here: 

 

New Law Society Deprivation of Liberty Guidance published:

To visit the page and download, click here 

 

Tour de Care Act!

Former Edge trainer Kate Linhart cycled 85 miles to spread the word on the Care Act. The Care Act came into force on the 1st April 2015.

Read Kate's full story here:

http://www.communitycare.co.uk/2015/04/08/tour-de-care-act-social-worker-cycles-85-miles-spread-word-reforms/

 

DoLS Forms- New Guidance from ADASS published today- 1st April 2015

The guidance is not statutory but provides helpful assistance to those completing the DoLS forms. 

You can download it here: 

 

New Mental Health Act Code of Practice published online- 15th January 2015

In order to download, please go to the following link:

https://www.gov.uk/government/publications/code-of-practice-mental-health-act-1983

Paperbacks will be available from 27th February 2015. Advanced orders may be placed by going to the following link:

 http://www.tsoshop.co.uk/bookstore.asp?FO=1160007&DI=642031

 

New DoLS forms now available

Following consultation, the new DoLS forms are now available on the ADASS website. If you would like to download them, please go to this site:

http://www.adass.org.uk/mental-health-Drugs-and-Alcohol/key-documents/New-DoLS-Forms/

  

ADASS Advice Note on Cheshire West

The Association of Directors of Adult Social Services in England have issued guidance on the Cheshire West judgment. The advice note can be downloaded here.

 

NEW Deprivation of Liberty Case- 18th November 2014

The Court of Protection delivered a judgment today in which the Judge decided that a person living in their own home was NOT deprived of their liberty even though care arrangements are made and paid for by the local authority to supervise and control them. The judge decided that the person does not meet the second element of the acid test because the person is 'free to leave' "....for the essential reason that she does not have the physical or mental ability to exercise that freedom"

To read the judgment click here.

 

Deprivation of Liberty in Supported Living & Other Locations

The new court of protection process to obtain the legal authority to deprive people of their liberty in locations outside of care homes and hospitals (DoLS is used for people in care homes and hospitals) has started. A new court form (COPDL10) and practice direction are now available. 

Court of Protection form: To download, click here

Court of Protection Practice Direction. To download, click here

Edge provide practical training on Court of Protection practice and procedure  by leading experts in the field. Please email us to find out more: admin@edgetraining.org.uk

 

CQC guidance on its new inspection model. Released October 2014

“The Mental Capacity Act (2005) is a crucial safeguard for the human rights of adults who might (or may be assumed to) lack mental capacity to make decisions, including whether or not to consent to proposed care or treatment interventions…During our inspections, we will assess how well providers are using the MCA to promote and protect the rights of people using their services.” 

DOWNLOAD HERE: http://www.cqc.org.uk/content/adult-social-care#handbooks

 

Supreme Court decision in Cheshire West

The Supreme Court decided in March 2014 that a person is deprived of their liberty if they are subject to complete supervision and control and not free to leave their placement. To read the full judgment in the cases of Cheshire West and Chester Council v P (2014) UKSC 19 and P & Q v Surrey County Council [2014] UKSC 19 please click here.