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…

Some thoughts on Re Y

On Monday the Supreme Court handed down its judgment in Re Y.  This much awaited judgment dealt with the question of whether it was always necessary to seek approval from the court in order for doctors to withdraw clinically assisted nutrition and hydration (CANH) from a person with a prolonged disorder of consciousness (PDOC).  There is an…

More from Roger H – on care home arrangements

Roger Hargreaves has kindly said I can share this note he has written on some issues surrounding care home arrangements in the government’s Mental Capacity (Amendment) Bill.  I’ve moved Roger’s summary to the top for the time pressed among you. Summary In respect of those residents placed by a responsible body (local authority or CCG),…