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26 April 2019 0 Comments Posted in Health & Social Care, Opinion

Game, set, match… well, almost

Posted by , Associate

After an energetic game of ping pong between the House of Commons and the House of Lords, the Mental Capacity (Amendment) Bill was approved by the House of Lords on the 24 April 2019, which means it is now just waiting for Royal Assent before becoming law.

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12 February 2019 0 Comments Posted in Health & Social Care, Opinion

Who’s fooling who? Why you need to be sure whoever signs your terms and conditions is authorised to do so.

Posted by , Associate

Social care lpa hands

You have a new, self-funding resident, lacking in capacity to enter into any residential or service contract – who do you ask to enter into the contract on their behalf? Who is actually legally able to sign on their behalf? Please read on to see what you need to clarify to reduce your risk of a dispute over who is liable to meet a self-funding service users fees.

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26 July 2018 0 Comments Posted in Health & Social Care, Opinion

DoLS reforms – draft Bill seeks increased obligations for care home managers

Posted by , Associate

care home manager royds withy king

The current Deprivation of Liberty Safeguards system (“DoLS”), for authorising arrangements for those who lack capacity to lawfully be deprived of their liberties, has been widely acknowledged as being in urgent need of reform.

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13 June 2018 0 Comments Posted in Health & Social Care, Opinion

Capacity Assessments – do you really understand what’s involved?

Posted by , Associate

‘I am not sure if they have capacity to make that decision?’ Have you ever thought that about a service user? If you were concerned about a service user’s mental capacity to make a decision do you feel confident about what steps you would need to take? Do you know what components are necessary to make an assessment meaningful?

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6 October 2017 0 Comments Posted in Health & Social Care, Opinion

The right to decide: report on deprivations of liberty

Posted by , Associate

The Local Government and Social Care Ombudsman’s review, ‘The Right to Decide: Towards a greater understanding of mental capacity and deprivation of liberty’‘ makes difficult reading. It brings into sharp focus the struggles faced by the industry in meeting its obligations relating to the Mental Capacity Act and in particular in respect of Deprivations of Liberty.

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