DEPRIVATION OF LIBERTY SAFEGUARDS A Best Interest Assessment The Mental Capacity Act (MCA) 2005 states that “an act done, or decision made, under this Act, for or on behalf of a person who lacks capacity must be done, or made, in his best interests’. The Deprivation of liberty safeguards are a legal framework introduced into the mental capacity act 2005 (MCA) by the mental health act 2007 (MHA). This legislation protects the rights of people in care homes or hospitals, where the care is imputable to the state, who lack capacity or have a mental dysfunction to make decisions regarding their care and treatment (Jones, 2008 p 383). DOLS ensures against arbitrary deprivation of liberty (dol) which was identified in the Bournewood Case ( HL v UK 45508/99 (2004) ECHR 471). The judgement in this case determined that in order to adhere to the ECtHR, lawful detention needed to meet Article 5 (1) that requires a ‘procedure prescribed by law’ and Article 5 (4) which requires a means to apply to a court to see if deprivation of liberty was unlawful (dols code of practice 2008). As such, the DOLs are designed to protect the rights of people who fall within the scope of the act. The aim of this assignment is to evidence a critical analysis and evaluation of professional development having attended structured learning events on the Deprivation Of Liberty Safeguards (DOLS) and the best interest assessment process. To demonstrate the required learning outcomes, I would like to use the case
Firstly, a member of staff being jailed for the rape of a woman in one of these units with a second member of staff receiving a suspended sentence for a previous sex offence against the same woman is the correct course of action. However, the reason given for the prosecution was that the woman was deemed to have too low a mental age to have given consent in either incident and I take issue with this because there is no real clarity and a limited lesson to be learned by those people charged with the care of people with learning disabilities. In the first instance, nobody employed to take care of a patient or a resident should be engaging in any kind of sexual contact with any person they are caring for; regardless of the patient/residents ability to give consent. Secondly, does this mean that the woman in the case will not be allowed to have a fulfilling relationship with anyone else, will she be allowed to vote, will she be allowed to have any say in decisions about her life? It may be that all of these things will be acceptable for her to do but if this is the case, it needs to be made clear that the prosecution is not only about the woman’s ability to give consent but that
When someone who isn’t from Philadelphia is asked to picture Philadelphia, they probably picture historic things like the Liberty Bell and the place where our nation's constitution was drafted. Then they’ll probably mention places like South Street and Old City, the more historic and nicer places that Philly is known for. What these people don’t know is that there are many internal problems that encompass the city that are constantly overlooked. These places like West Philadelphia and Northern Liberties have been in constant deterioration for the past couple of years, turning into neighborhoods with low economic standards, leaving them crime infested and in some case abandoned. Now, you ask a person from Philadelphia to describe their city,
For a carer or professional to decide whether or not someone who lacks capacity should go into a residential home, the Deprivation of Liberty Safeguards (DoLS), is used to ensure that this decision is lawful. This is introduced in the MCA 2005 and in this case Mary is unable to make reasonable decisions regarding her welfare due to her lack of capacity (Johns, 2009, 35-36). However, the decision to place Mary in a residential home is depriving her of her liberty which is a basic human right, as stated in the Human Rights Act 1989. The DoLS legislation allows carers and/or professionals to be able to act to ensure that “a care home or hospital only restricts someone's liberty safely and correctly, and that this is done when there is no other way to take care of that
The main aspects of this act are that a person must be assumed to have capacity unless it is established that he lacks capacity, the person is not to be treated as unable to make a decision unless all practicable steps to help him to do so have been taken without success, a person is not to be treated as unable to make a decision simply because he makes an unwise decision, an act done or decision made, under this Act for or on behalf of a person who lacks capacity must be done, or made, in his best interests and before the act is done, or the decision is made, regard must be had to whether the purpose for which it is needed can be as effectively achieved in a way that is less restrictive of the person's
Mental Capacity Act: The Mental Capacity Act 2005 is an Act of the Parliament of the United Kingdom applying to England and Wales. Its primary purpose is to provide a legal framework for acting and making decisions on behalf of adults who lack the capacity to make particular decisions for themselves.
The Care Standard Act is in place for anyone who receives care. These are the minimum standards by which every care provider must adhere to and are inspected on a regular basis. Its policies include giving patients the right to a choice of home, everyday living, activities, protection and administration of medicine. This legislation helps to direct care organisations regarding the protection of vulnerable adults. It does this by giving
1.1 What is the impact of the Mental Health Act, and the Mental Incapacity Act (Deprivation of Liberty Safeguards) on individuals who are living with the experience of dementia; with regards to minimising the risks of harm whilst at the same time enabling rights and choices for the individual?
This act however does not cover any discrimination within the community but still covers it when admitted into hospital. This also connects to the equality act 2010 as it makes it illegal to discriminate directly or indirectly against someone with a mental health condition within public services and functions, access to any premises, work, education, associations, and finally transport.
The Strengths of the Disability Discrimination Act is that in every health and social care environments, people who have disabilities will get supported. It is illegal under the Disability Discrimination Act for people to be discriminated due to their disability. The Disability Discrimination Act includes people being able to have access to health and social care services, goods, education and facilities. However, the weakness of the Disability Discrimination Act is that it only involves serious health illnesses such as HIV or cancer; however, it does not include other illnesses such as depression. Due to this, it becomes difficult to identify when a person who has a disability is getting discriminated because they might have to verify when a person is thought to have mental
The Mental Capacity Act (MCA) is designed to protect and empower individuals who may lack the mental capacity to make their own decisions about their care and treatment. It is a law that applies to individuals aged 16 and over.
The aim of this act is to treat vulnerable adult ’s right in order to protect them no matter how they are behaving and what type of illness they actually have. It also helps vulnerable people to not get abused just because of their rights. Mental Capacity Act 2005 The Mental Capacity Act is a type of act which was created in 2005.
The first act I looked into was the mental health, care and treatment Scotland act 2003. This is an act that sets out how you will be treated if you have a mental illness like dementia, a learning disability or a personality disorder and lets you know what your rights are. This act also allows an individual make an advanced statement stating how they would like to be treated, if they became too unwell in the future to make that decision. The mental health, care and treatment act is monitored by the mental welfare commission Scotland. This act is relevant to reablement as it helps reablement carers to understand the person’s wishes for treatment and helps the person being cared for know what they are entitled to.
Unit 16 Understand Safeguarding of Children & Young People (for those working in the adult sector) and Unit 14 Safeguarding and Protection of Vulnerable Adults Assignment
At what point is an individual considered mentally unwell and in need of treatment and importantly who has the authority to determine their mental wellbeing? The Mental Health Act 2014 indicates the criteria for compulsory treatment is directed by a context whereby an individual is considered to be at risk of serious harm to themselves or others (Mental Health Act 2014, p. 16). This legal framework in which the Act is situated establishes a precedent for interrelated institutions to ascribe to. Notably, the Act stipulates compulsory treatment should only be considered when
Policies have an important role in regulating and shaping the values in a society. The issues related to mental health are not only considered as personal but also affecting the relationships with significant others. The stigma and discrimination faced by people with mental health can be traced to the lack of legislation and protection of rights (Rodriguez del Barrio et al., 2014). The policy makers in mental health have a challenging task to protect the rights of individuals as well as the public (Swigger & Heinmiller, 2014). Therefore, it is essential to analyse the current mental health policies. In Canada, provinces adopt their own Mental Health Acts (MHA) to implement mental health services. As of January 15, 2016, there are 13 mental health acts in Canada (Gray, Hastings, Love, & O’Reilly, 2016). The key elements, despite the differences in laws, are “(1) involuntary admission criteria, (2) the right to refuse treatment, and (3) who has the authority to authorize treatment” (Browne, 2010). The current act in Ontario is Mental Health Act, 1990.