Cocoons

The storm has yet to reach most of us, but we can see it on the horizon.  We are officially no longer in the ‘contain’ phase of identifying individual cases of COVID-19 and isolating those individuals to prevent its spread. In yesterday’s government press conference, the Chief Scientific Officer – Sir Patrick Vallance – explained…

Coronavirus and the Mental Capacity Act 2005

It’s 10th March and it feels like the calm before the storm (albeit, there are also storms). This is a graph shared by Max Roser, of Our World in Data, of Italy’s infection rate with the new Coronavirus, Covid-19: The new #COVID2019 data for Italy by the WHO is out. • The number of total…

Calling all Welsh BIAs!

BASW Cymru are conducting a survey about current DoLS practice and the forthcoming Liberty Protection Safeguards. This survey is intended for completion by Social Workers as well as Nurses, Occupational Therapists and Psychologists who have trained and/or practiced as Best Interests Assessors (BIAs) under the Deprivation of Liberty Safeguards scheme and who are wholly or…

Psychiatric detention under the Mental Capacity Act 2005

This post is about mental health detention under the Mental Capacity Act 2005 (MCA). It was prompted by some data that NHS Digital have kindly shared with me about the use of the Mental Capacity Act Deprivation of Liberty Safeguards (MCA DoLS) in ‘mental health establishments’. The TLDR is that people who are detained under the…

Train number 3

Anyone else spend yesterday afternoon refreshing their browser to see what compromises and agreements had been reached after a summer of tense and sometimes heated negotiations? Me too. And here they are – the government’s proposed amendments to the Mental Capacity (Amendment) Bill. 😉 (NB: a very succinct list of the amendments, produced by Tim…

In the public interest

Parliament is currently debating the Mental Capacity (Amendment) Bill (MCAB).  The Bill will replace the much-criticised deprivation of liberty safeguards (DoLS), the current framework under the Mental Capacity Act 2005 (MCA) for authorising deprivation of liberty in care homes and hospitals, with the Liberty Protection Safeguards (LPS).  It will affect the right to liberty of…

Rays of light

Last week I went to the National Advocacy Conference at the NEC.  I can honestly say it was one of the highlights of this year. One of the things that really struck me about this conference is the ways in which advocates work with the law, including human rights law, to advocate for changes on…

Some thoughts from the Lakes

If I’d known that this Wednesday Parliament would be debating amendments to the Mental Capacity Act, in a Bill that would affect the right to liberty of an estimated 300,000 people, I wouldn’t have booked a holiday for this week… so I’m sneakily writing this blog post on my phone with one hand whilst trying…