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Advocacy experts fear people are being left without support to challenge council decisions about their care Too few people are getting independent advocacy they are legally entitled to under the Care Act 2014, experts warn. Four months after a local authority’s failure to arrange an advocate for a woman led to the first successful legal challenge under the Care Act, council reports reveal a dearth of referrals for independent advocacy. One local authority averaged less than two a month. A second saw just 9% of predicted demand. Advocacy trainers and providers fear vulnerable adults are being left without support to challenge council decisions about their care. Councils say they are investigating low referral numbers and working to raise awareness of advocacy support. READ THE…
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This guideline covers the transition between inpatient hospital settings and community or care homes for adults with social care needs. It aims to improve people's experience of admission to, and discharge from, hospital by better coordination of health and social care services. The Care Quality Commission uses NICE guidelines as evidence to inform the inspection process. Recommendations The guideline includes recommendations on: person-centred care and communication and information sharing before admission to hospital including developing a care plan and explaining what type of care the person might receive admission to hospital including the establishment of a hospital-based multi-disciplinary team during hospital stay including recording medicines and assessments and regularly reviewing and updating the person’s progress towards discharge discharge from hospital including the role of the discharge…
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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…
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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…
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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…
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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…
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Useful videos to inform and educate on End of Life Care - visit the SCIE website to view them.
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This resource is for people who work with adults who are approaching the end of life. Some 500,000 people die each year and, because of the ageing population, that number is predicted to rise over the next few years. It’s important that social care and health professionals who work with people at the end of life and their families have access to high quality resources and information so they can give the best care possible. Visit the Social Care Institute for Excellence website (opens in a new window) to read full article.
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NICE has launched the first guidelines for the NHS on improving care for people who are in their last days of life. The guidelines aim to put the dying person at the heart of decisions about their care, so that they can be supported in their final days in accordance with their wishes. Around 500,000 people die each year in the UK. Of these deaths 75% are not sudden, but expected. While a recent report has ranked end of life care in the UK as the best in the world, there are areas where care can be improved and made more consistent. Until recently, the Liverpool Care Pathway (LCP) was used to provide good end of life care. It was withdrawn however, following widespread criticism…
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The Rights in Reality blog contains a list of solicitors who have expertise in disability and SEN cases (link opens in a new window).
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Human rights are a powerful tool in making life better for children because they set out an entitlement under law to the basic things children need to have a good start in life - like safe and secure housing, a decent education, to be protected from harm and to play and develop. But rights are only valuable if you can challenge decisions or actions which breach your rights. Sometimes called “access to justice”, this right of challenge underpins all these others rights to housing, education and to be safe. Without access to justice, the other “rights” are just a commitment on paper. Read full article on the CRAE website (opens in a new window).
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The Rights in Reality blog (opens in a new window) contains commentary on English legal matters.
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