BEGIN:VCALENDAR VERSION:2.0 PRODID:-//wp-events-plugin.com//7.2.3.1//EN TZID:Europe/London X-WR-TIMEZONE:Europe/London BEGIN:VEVENT UID:219@careengland.org.uk DTSTART;TZID=Europe/London:20240604T140000 DTEND;TZID=Europe/London:20240604T150000 DTSTAMP:20240617T091855Z URL:https://www.careengland.org.uk/events/demystifying-court-of-protection -and-deprivation-of-liberty-safeguards-for-care-home-managers/ SUMMARY:Demystifying Court of Protection and Deprivation of Liberty Safegua rds for Care Home Managers DESCRIPTION:This webinar gave an overview to the Deprivation of Liberty Saf eguards and their operation in a care home setting.\nBelow is a copy of th e event recording\, contact details of the speaker and an FAQ with further information from the session.\nUnderstanding mental capacity and the arra ngements required when someone is deprived of their liberty (Deprivation o f Liberty Safeguards) in a registered care or nursing home setting is key to ensuring you limit your exposure in respect of unlawful deprivations of liberty. There are further difficulties if the resident is in a supported living environment. The position for care providers can also be challengi ng if the resident is displaying disruptive behaviour to other residents\, families\, and staff.\n\nThe area of mental capacity law and deprivation of liberty is fast moving and complex. The mental capacity team at Mills & amp\; Reeve manage one of the largest Court of Protection practices in the country\, working with a diverse range of clients in both the public and independent sector. Our dedicated team will provide you with the right sup port to ensure that you get the result you require. Click here to find out more.\n\n \;\nYou can watch the a recording of the webinar below:\nht tps://youtu.be/5MofJ19CxUI\n\n \;\nHere is a link to the slides:\nDemy stifying Court of Protection and Deprivation of Liberty Safeguards for Car e Home Managers\n\n \;\nPlease contact Mills &\; Reeve if you have further questions:\n\n\n \;\n\nNeil Ward\n\nT: +44(0)121 4568202\n\nE: neil.ward@mills-reev.com\n\n \;\n\n[learn_more caption="Questions &am p\; Answers"]\n\n1. If a person has dementia and are compliant with their daily prescribed medication and if you do not give it to them\, they may n ot ask for it. Do we need to do capacity assessment for this as I have see n some assessments completed because the resident is unable to manage thei r medication.\n\nYes you will need a capacity assessment to determine if a resident has capacity to refuse medication. If your resident has capacity and can agree and consent to medication (or equally refuse to take it) \, then that’s the process to follow. If however\, the resident lacks capa city\, then you can make the decision in the best interests of the residen t without having to go to court. If\, however\, you are verging into the r ealms of covert medication\, then we recommend seeking legal advice as it ’s a grey area and we’d look to seek court authorisation to take this step.\n\n \;\n\n2. There was talk about extending Dols applications fo r longer than 1 year as often we have to reapply and there are no changes. \n\nDOLS has been criticised from inception and branded as unworkable for years. The Government went out to consultation for the new Liberty Protect ion Safeguards\, but these reforms have been kicked into the long grass by the government for now. The new LPS would cover 16–17-year-olds and the supported living sector.  In terms of making further applications beyond the year\, the aim is to ensure that individuals are not deprived of thei r liberty for longer than is reasonably necessary and to cover potential i mprovement. There is a balance to be struck but we appreciate it can creat e an extra bureaucratic burden for care providers.\n\n \;\n\n3. We fin d the LA so slow at times that we are 'renewing' at one year before the co uncil has responded to the first standard authorisation.\n\nThat is a prob lem we are aware of.\n\n \;\n\n4. What are the options if you’re not able to manage the disruptive resident?\n\nIf you’re unable to manage t he disruptive resident do contact the local funder whether that is the LA or the NHS and make that very clear and serve contractual notice which is 28 days. It is very important that as you soon as you know the placement h as become untenable and unsafe you serve notice in writing. If you get pus h back\, then seek early legal advice.\n\n \;\n\n5. Does our care home need to review its DOLS processes and training and how do we evidence com pliance with Mental Capacity Act during CQC inspections?\n\nYes\, the CQC are interested in how care homes and its staff follow the DOLS processes a nd understand the Mental Capacity Act. For example\, evidencing that you h ave thought about DOLs and follow the MCA guidance is a good starting poin t for demonstrating your thinking.\n\n \;\n\n6. How do you manage resi dents where there is an application to Court but no final decision been ma de?\n\nIn uncontested cases\, the Re X / standard authorisation procedure is followed where the care home would seek an authorisation and where lawy ers are not involved. We are aware that there are delays obtaining authori sations. In theory if you’ve gone beyond 14 days allowed on an urgent au thorisation then you don’t have authorisation. Contested applications ar e managed differently – in these cases the court can grant an interim or der which will give authorisation within days to approve the deprivation p ending a full hearing.\n\n \;\n\n7. What are the consequences if resid ents don’t have proper authorisation?\n\nThis would constitute false imp risonment and in certain circumstances the resident/patient can claim comp ensation\, but there are very few cases. Generally modest damages are awar ded by the courts because the person would have had to be in the same plac e anyway and it is only the lack of process (ie they would not have been “free” regardless of the process) but sometimes larger awards are made by Courts to set an example eg sending a message if there has been huge d elays.  It is something that the CQC are becoming more interested in.\n\n [/learn_more]\n\nSupporting information can also be accessed below:\nGuide to the Court of Protection and Deprivation of Liberty Safeguards for the busy care home manager\n\nGuide to serving notice on a resident for care h ome managers\n\nMental capacity | Legal advice | Mills &\; Reeve (mills -reeve.com)\n\nHealth and care blog | Mills &\; Reeve (mills-reeve.com) ATTACH;FMTTYPE=image/jpeg:https://www.careengland.org.uk/wp-content/upload s/2024/05/Webinar-MillsReeve-4-June.png CATEGORIES:Care England,Non members END:VEVENT BEGIN:VTIMEZONE TZID:Europe/London X-LIC-LOCATION:Europe/London BEGIN:DAYLIGHT DTSTART:20240331T020000 TZOFFSETFROM:+0000 TZOFFSETTO:+0100 TZNAME:BST END:DAYLIGHT END:VTIMEZONE END:VCALENDAR