Dementia currently affects 1 in 14 people in the UK. Many people will either know someone with dementia, have had to support and care for someone with dementia or have been diagnosed themselves.
The Coronavirus Act 2020 gives the Secretary of State power to disapply or modify Care Act duties. Section 15 (local authority care and support) and Part 1 of Schedule 12 (powers and duties of local authorities in England) came into force at 3.30 pm on 31 March 2020.
Part 1 of Schedule 12 s4 amends s18 of the Care Act, so Local Authorities will have to meet an adults needs for care and support if “the authority considers that it is necessary to meet those needs for the purpose of avoiding a breach of the adult’s Convention rights” This does not change the need to comply with the MCA or the DoLS regime.
Why was the DoLS regime not included in the Act?
The DoLS regime is not included in the Act as it directly links to Article 5 of the Human Rights Act, the Right to Liberty.
Article 5 states “No one shall be deprived of his liberty save in accordance with a procedure prescribed by law”. The DoLS regime is the procedure prescribed by law, which allows a person to be deprived of their liberty. Any alteration to the DoLS regime could be seen as an interference with Article 5.
Therefore, local authorities must continue to apply the DoLS regime to avoid a breach in convention rights, which they still have the duty to uphold, even after the commencement of the Coronavirus Act 2020.
When asked about the inclusion of DoLS within the Act, Health Minister Lord Bethell said: “We recognise that we have to strike a careful balance between the need to protect some of the most vulnerable in our society with preventing the spread of the virus. Therefore, we have decided not to alter deprivation of liberty safeguards in primary legislation. However, we think that we can achieve significant improvement to the process through emergency guidance. That will include making clearer when a deprivation of liberty safeguards authorisation is necessary, and the basis on which an assessment can be made, including, for example, phone or video calling for assessment.”
Capacity assessments via video?
The Guidance from the Court of Protection (COP) is that capacity assessments via video can be undertaken but “whether such evidence is sufficient will then be determined on a case by case basis.” Mr Justice Hayden reminds us that the arrangements made should be by those who are most likely to assist the person under assessment in achieving capacity. The assessee also needs to be adequately supported, maybe by a “trusted person” who can be present during the assessment.
There are a few guidance documents already published by the Department of Health and Social Care (DHSC).
- Responding to COVID-19: the ethical framework for adult social care
- COVID-19 Hospital Discharge Service Requirements
Guidance from the DHCS regarding the DoLS regime is expected imminently, and we will update you when this is ready.
If you are concerned about your or a family member’s deprivation of liberty or detention under the MCA, please contact Rebekah Sambrooks.
The 2022 Code replaces the NHF Code of Conduct 2012 (the 2012 Code) and sets out the baseline standards that the NHF expects of its member registered providers (RPs).
The High Court has dismissed a challenge by the Police Superintendents’ Association to the closure of legacy public sector pension schemes.
In my recent blog, I said that we would be issuing a series of ebriefings and blogs highlighting issues with the Procurement Bill. This is the first of these.
Contractors and delivery partners are facing a ‘perfect storm’ in many cases with a number of factors directly impacting upon the profitability of their work.
Worker status, like Piers Morgan, is one of those things that we think has gone away and then it pops up again!
We are seeing a steady trickle of decisions focused around the issue of flexible working requests or employer requirements for changes to working patterns (both pre and post the pandemic).
For those of us who have endured a choppy cross channel journey, the mention of P&O Ferries will invoke some nauseous memories.
Successive generations have witnessed seismic shifts in the workplace; post-war it was the return of the soldiers and the impact on working women who had to work in their place.
In this podcast, Puja Desai interviews Kimberley Foster and discusses her experience with counselling. This is a really helpful podcast for anyone who has thought about counselling.