Ordinary residence: the process

This is the third post in my overview series about ordinary residence. I’ve gone over the basics, and outlined some of the problem areas, so now I want to talk about the process i.e. How we actually go about resolving these disputes. I have said it before and I will say it again: this isContinue reading “Ordinary residence: the process”

Mental Health Awareness Week

It is, I believe, Mental Health Awareness week. Whilst the purpose of this blog is largely to address legal issues, I am aware that none of those issues occur in a vacuum. Being a professional does not make us immune to emotion and stress, however much we wish it did sometimes. And working in theContinue reading “Mental Health Awareness Week”

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”

Knowing what you bring to the table

Bear with me here, this might get a bit cheesy, but I think the message is important. I want to talk about how we get by, working in teams across different disciplines. Because that in itself is an important skill. So we are going to talk about planning a metaphorical dinner party. The first thingContinue reading “Knowing what you bring to the table”

Ordinary residence: an introduction

No witty title for this one I am afraid. Instead I am going to get right to the point because this is a concept that many practitioners struggle with. It is also a big growth area in my work now that budget cuts are requiring increased scrutiny of every funding decision and allocation of resources.Continue reading “Ordinary residence: an introduction”

Evidence or assumption?

A few months ago I attended a very helpful conference on the Mental Capacity Act 2005 arranged by Switalskis solicitors. Its an annual event, but it was the first time I managed to persuade my employers to pay for some tickets. Amongst the many illuminating talks I attended, the one that stuck with me theContinue reading “Evidence or assumption?”

But first, some basics…

My role involves primarily dealing with 3 pieces of legislation: Mental Health Act 1983; Mental Capacity Act 2005 and Care Act 2014. I am going to attempt to summarise the key bits of these pieces of legislation insofar as they relate to core adult social care local authority work for you, in case you readContinue reading “But first, some basics…”

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”

The (practical) limits of the Court of Protection

The powers of the Court of Protection are set out in the Mental Capacity Act 2005 ss15 to 23. In summary it can Make declarations as to an individual’s capacity Make declarations as to the lawfulness of actions taken in relation to that individual Make decisions on behalf of an individual who lacks capacity AppointContinue reading “The (practical) limits of the Court of Protection”