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”