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 ⇒ Level 4 Certificate in Principles of Leadership and Management for Adult Care (RQF) ⇒ Unit 15: Risk-Taking and Risk Management in Adult Care ⇒ 2.2 Explain key provisions of legislation regarding mental capacity and deprivation of liberty in the context of adult care services

2.2 Explain key provisions of legislation regarding mental capacity and deprivation of liberty in the context of adult care services

Qualification: Level 4 Certificate in Principles of Leadership and Management for Adult Care (RQF)
Unit: Unit 15: Risk-Taking and Risk Management in Adult Care
Learning outcome: 2 Understand issues around mental capacity and consent
Assessment criteria: 2.2 Explain key provisions of legislation regarding mental capacity and deprivation of liberty in the context of adult care services

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  • Mental Capacity Act (2005): This Act provides a legal framework for acting and making decisions on behalf of individuals who lack the mental capacity to do this themselves. The Act applies to people aged 16 and over. It covers decisions about day-to-day care, as well as complex decisions about things like property, legal matters, or medical treatment.
  • Key Principles of the Mental Capacity Act:
    • Assume a person has the capacity to make a decision themselves unless it’s proved otherwise.
    • Wherever possible, help people to make their own decisions.
    • Don’t treat people as lacking the capacity to make a decision just because they make unwise decisions.
    • If you make a decision for someone who doesn’t have the mental capacity, it must be in their best interests.
    • Treatment and care provided to someone who lacks capacity should be the least restrictive of their basic rights and freedoms.
  • Deprivation of Liberty Safeguards (DoLS): These are an amendment to the Mental Capacity Act 2005. They aim to protect people who lack mental capacity, but who need to be deprived of liberty so they can be given care and treatment in a hospital or care home. If a person’s right to liberty needs to be infringed in other settings, an application can be made to the Court of Protection.
  • Key Provisions of DoLS:
    • A deprivation of liberty has to be authorised by the local authority (also known as the supervisory body). The care home or hospital (the managing authority) has to request standard authorisation if they believe the person will be deprived of their liberty.
    • An urgent authorisation can be given by the managing authority in certain circumstances.
    • A representative is appointed to support the person who is being deprived of their liberty, and they have the right to challenge the deprivation of liberty through the Court of Protection.
    • The deprivation of liberty has to be reviewed regularly and can only continue if it remains in the person’s best interests, necessary to prevent harm, and reasonable in relation to the likelihood and seriousness of harm to the person.
  • Liberty Protection Safeguards (LPS): The Liberty Protection Safeguards have been designed to replace the Deprivation of Liberty Safeguards (DoLS) due to concerns that the DoLS is overly complex and bureaucratic. LPS is not currently being used and it has experienced several delays. There is currently no specified date of when they will come into practice.
  • Remember, the laws surrounding mental capacity and deprivation of liberty are complex and require careful consideration. It’s vital that all care workers receive proper training to understand these laws and how they apply in their daily work.
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