Resources

Mental Health Act 1983: Code of Practice states that:
 14.85 "When a patient’s carer informs the commissioner of difficulties in visiting the patient because of the distance that they need to travel, the commissioner should consider whether they can provide any assistance to support the patient’s carer to visit and maintain contact with the patient. The commissioner should inform the carer that they can request a carer’s assessment from the local authority. CCGs should work with the relevant NHS Commissioning Board regional team under these circumstances to seek to move the patient closer to their preferred location."

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/435512/MHA_Code_of_Practice.PDF

The Police and Criminal Evidence Act 1984 is the corner-stone of policing: it is the law that governs important state invasions into our civil liberties through stop and search; search and seizure; and arrest and detention without charge. It can seem overwhelmingly complex stuff and I admit that as a PC, I was often confused as to what was going on some of the time!

I remember as a probationary constable watching a group of sergeants scrumming down with a copy of PACE to work out what on earth was going on with a prisoner who had been arrested in another force area and then transferred to the West Midlands. This was all before we had IT to do half the work for you and when calculating legal detention timescales could get very complicated indeed, even to those familiar with PACE!

So here is a series of BLOG posts, not covering the extreme complexities but the various common topics that I hope amounts to a brief but reasonable understanding of what is going on in police custody, for those of you who need to understand it just a little better. It was motivated by a request from an AMHP who found it confusing to consider how PACE affects the MHA assessments and decisions that she was obviously familiar with – I hope this hits the mark Aisling!

VISIT THE MENTAL HEALTH COP BLOG SITE TO READ MORE (LINK OPENS IN A NEW WINDOW)

From the Social Care Institute of Excellence's website

This resource has undergone major changes to support SCIE’s aim of providing an accessible resource that people will come to as their first port of call in relation to the MCA – when people want to know what already works and what might work in future.

Given the potential of the MCA to touch the lives of millions – particularly those who live with learning disability, dementia or mental health problems and those working and caring for them – people can choose from a range of guidance materials and links to access the tools that best support them.

If you’re visiting this resource for the first time, you may find the section below a good place to start.

The site begins with the basics in terms of introductory knowledge and key messages, and builds up through stages, with links to guidance targeted at specific audiences, such as health and social care professions and independent mental capacity advocates (IMCAs).

READ FULL ARTICLE HERE (opens in a new window)

From the Social Care Institute of Excellence's website:

The Deprivation of Liberty Safeguards (DoLS), which apply only in England and Wales, are an amendment to the Mental Capacity Act 2005. The DoLS under the MCA allows restraint and restrictions that amount to a deprivation of liberty to be used in hospitals and care homes – but only if they are in a person’s best interests. To deprive a person of their liberty, care homes and hospitals must request standard authorisation from either a local authority or health body. Six assessments have to take place before a standard authorisation can be granted.

• At a glance – The Deprivation of Liberty Safeguards 

  This summary includes guidance on what deprivation of liberty is and how it is authorised under the DoL safeguards.  It also discusses urgent authorisations, the safeguards for people who may be deprived of their liberty and when DoLS cannot be used.

• Report – Deprivation of Liberty Safeguards: putting them into practice

  This resource describes good practice in the management and implementation of the Deprivation of Liberty Safeguards. It includes the roles of clinical commissioning groups (CCGs) and wider local authority governance.

• Guide – IMCA and paid relevant person's representative roles in the Mental Capacity Act Deprivation of Liberty Safeguards 

  This practice guidance describes the role of Independent Mental Capacity Advocates (IMCAs) and paid representatives in the Mental Capacity Act Deprivation of Liberty Safeguards (MCA DoLS).

READ FULL ARTICLE HERE (opens in a new window)

From the Social Care Institute of Excellence website

• The Deprivation of Liberty Safeguards are an amendment to the Mental Capacity Act 2005. They apply in England and Wales only.
• The Mental Capacity Act allows restraint and restrictions to be used – but only if they are in a person's best interests.
• Extra safeguards are needed if the restrictions and restraint used will deprive a person of their liberty. These are called the Deprivation of Liberty Safeguards.
• The Deprivation of Liberty Safeguards can only be used if the person will be deprived of their liberty in a care home or hospital. In other settings the Court of Protection can authorise a deprivation of liberty.
• Care homes or hospitals must ask a local authority if they can deprive a person of their liberty. This is called requesting a standard authorisation.
• There are six assessments which have to take place before a standard authorisation can be given.
• If a standard authorisation is given, one key safeguard is that the person has someone appointed with legal powers to represent them. This is called the relevant person's representative and will usually be a family member or friend.
• Other safeguards include rights to challenge authorisations in the Court of Protection, and access to Independent Mental Capacity Advocates (IMCAs).

READ FULL ARTICLE HERE (opens in a new window)

From the Care Quality Commission's website:

We have published our sixth annual monitoring report on how hospitals and care homes in England are using the Deprivation of Liberty Safeguards.

Part of the Mental Capacity Act 2005 (MCA), the Deprivation of Liberty Safeguards protect the rights of people who are deprived of their liberty so that they can be given necessary care and treatment.

Data from CQC’s own more robust and specialist inspection regime shows that there is variation between providers. This means that people are not consistently receiving the protections of the Deprivation of Liberty Safeguards, which help to make sure that they are treated and cared for with dignity and respect, as much as possible in line with their own wishes.

While it recognises that some positive practice is occurring, the report calls for providers to take action to meet the requirements of the MCA including the Deprivation of Liberty Safeguards, to make sure that they are being used effectively and consistently. This includes making sure that staff receive training on and understand the MCA, that providers have policies and processes in place to support the Deprivation of Liberty Safeguards, and that processes are being properly implemented so that people are cared for appropriately and their interests are protected.

READ FULL ARTICLE (opens in a new window)