I could post here about the Court of Protection guidance, but since Alex Ruck-Keane has already shared it, I am just going to direct you to his post, in case you haven’t seen it:
He has also written about the available guidance on COVID-19 and the Mental Capacity Act 2005 here:
I have to say that I am not finding any of the guidance particularly helpful or comforting to the essential questions about how DoLS is supposed to operate in these uncertain times. I am heartened that the government is recognising the need to keep applying the principles of the MCA. But I can’t help but wonder how much this will continue in practice, given widescale bans on visits, and fear is preventing professionals and family members on challenging this.
It appears that many authorities are switching to desktop style assessments for DoLS purposes, and whilst this might seem practical, it isn’t currently in line with the availabile guidance, which could put those authorities in a risky position. These are unprecedented times, but I think it is telling that protection of vulnerable people’s rights has gone from being high in the agenda, to the back off the collective mind. Pragmatism, perhaps, but I remain cautious.
In case it isn’t obvious from the fact I still haven’t identified the authority I work for, the views expressed on this blog are my own opinion and not the opinion of that local authority