A return to the problem of ‘unco-operative patients’

I have written before about the difficulties I have encountered in practice in relation to individuals who do not co-operate with those trying to provide care and support. It’s causing particular issues with one of my cases this week, so I thought I would share. UP has a diagnosis of Emotionally Unstable Personality Disorder andContinue reading “A return to the problem of ‘unco-operative patients’”

The dangers of capacity assessment shopping

I’d like to talk about what happens when you’ve got a capacity assessment that doesn’t match up with the frontline professionals’ views. This has come up for me, most recently, in the context of the Deprivation of Liberty Safeguards but it can come up in other contexts too. I’d also like to reflect on whatContinue reading “The dangers of capacity assessment shopping”

Coronavirus lockdown: do all planned visits to family homes have to stop?

The answer, in short is, in my opinion, no. However, there are a number of issues to consider before a weekend with the family, or some formal respite, is supported. In this post, I’ll talk about 3 big issues, 2 legal, 1 practical. But before we get started, I just want to detail the kindContinue reading “Coronavirus lockdown: do all planned visits to family homes have to stop?”

Social care and health care joint working arrangements – what can go wrong

This post discusses a case example from my practice, suitably anonymised, where the local authority and NHS Clinical Commissioning Group should be working together to support a hospital discharge for an incapacitated adult, but that, to date, hasn’t quite worked out. Safety warning: I do work for the local authority here, so I’ll try toContinue reading “Social care and health care joint working arrangements – what can go wrong”

Spot the difference: The need for precision in capacity assessments

I wrote previously about the importance of evidence and not making assumptions here. It’s something I have been thinking about again, in the context of some work I was involved with over the last few weeks. Because I was involved with 2 cases with very different facts, but raising a central issue around assessing capacityContinue reading “Spot the difference: The need for precision in capacity assessments”

Best interests and coronavirus testing

I am going to start this post by saying that I have read the very useful note by 39 Essex Chambers on this point. I am certainly not naive enough to think that I know better than they do how the principles apply. But I did think it might help to look at some ofContinue reading “Best interests and coronavirus testing”

When everything hinges on a capacity assessment

I want to talk to you today about an issue that I am coming up against more and more at the moment in my day to day practice. Let’s refer to it as the ‘unco-operative patient’ issue. I am finding this to be a particular issue in personality disorder cases, where mental illness and personalityContinue reading “When everything hinges on a capacity assessment”

A massive relief when training goes to plan

Today I delivered some virtual training on analytical thinking as a practice skill for Best Interests Assessors and practitioners more generally for a lovely group of our in-house BIAs. This was the brain child of our DoLS manager and I and had been causing me no small amount of concern. Because I’ve never delivered skillsContinue reading “A massive relief when training goes to plan”

Sometimes the pieces don’t fit together

I started off with high hopes for today. I set myself a manageable list of tasks and intended to finish early and recalibrate myself after a fairly jarring return to the office. How foolish was I? And instead I am left feeling utterly deflated and quite demoralised, having spent most of my day trying toContinue reading “Sometimes the pieces don’t fit together”

Let’s talk about court processes: part 4 – concluding proceedings

The, rather delayed, final post in my series on Court of Protection processes looking at the conclusion of proceedings.