LPS implementation delayed – I hate to say I told you so…

For any of you that missed it, it has been announced today that the Mental Capacity (Amendment) Act 2019 will not be implemented until April 2022. If you’ve read my previous post about all of the work local authorities still need to do to be ready for the implementation, you’ll not be surprised. If youContinue reading “LPS implementation delayed – I hate to say I told you so…”

Let’s talk about court processes: part 2 – ongoing proceedings

Let’s return to our example of P. At the end of my last post, we had got as far as the application being made, mum being notified of this, and a hearing date being set. So now what? Well the Official Solicitor will have to consider the papers and decide whether or not to acceptContinue reading “Let’s talk about court processes: part 2 – ongoing proceedings”

DoLS, Ferreira and COVID-19

I have been meaning to write this post for a while and just when I was ready to share it, the government updated their MCA guidance in relation to the coronavirus. If you haven’t read it, it is available here: https://www.gov.uk/government/publications/coronavirus-covid-19-looking-after-people-who-lack-mental-capacity As it turns out, I’m glad they did update the guidance, because the additionalContinue reading “DoLS, Ferreira and COVID-19”

Assessments, but do them remotely

So with the recent announcement that social distancing is likely to continue in one form or another for a while, we are all having to get used to ways of working more remotely. Remote assessments have been approved, in principle, by the government in the guidance on the MCA/DoLS that is available here https://www.gov.uk/government/publications/coronavirus-covid-19-looking-after-people-who-lack-mental-capacity. TheContinue reading “Assessments, but do them remotely”

Case study: an update

It seems a few of you have been reading my case study about the difficulties of enforcing the social distancing guidance and regulations. It’s testament to how little guidance there is on this issue that my little blog is getting so many hits. I’m grateful and mildly intimidated. So I thought I would provide youContinue reading “Case study: an update”

Case study: a question with no clear answer

When I started this blog, I said I would provide you with case studies and practical examples of how social care law works in practice. I had in mind a few of my interesting Court cases when I first mused on this point. But then today happened. One of my philosophies for working as anContinue reading “Case study: a question with no clear answer”

LPS implementation, are they really serious?

I had intended my next post to be about ordinary residence. But I haven’t quite finished that one yet and the latest news about LPS implementation inspired (read as angered) me. For those of you that haven’t seen it yet, the government has announced that it still intends for the Mental Capacity Amendment Act 2019Continue reading “LPS implementation, are they really serious?”

Coming up…

I am aware that I started this blog out of the blue and you out there, my (hopefully not imaginary) readers (I am joking, of course, I do know how to use the wordpress stats page). I have a plan, and now I am sharing it with you. I intend to post at least fortnightly,Continue reading “Coming up…”

Section 21A challenges: Trust me, it really isn’t personal

Social workers, care home managers, community medical professionals, I am talking to you. (A bit of the basics here for anyone new to the area – section 21A challenges are brought when P is in a hospital or care home and a standard authorisation under the Deprivation of Liberty Safeguards is in place. It isContinue reading “Section 21A challenges: Trust me, it really isn’t personal”