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Expert Insights

Self-neglect and a duty to intervene ethically

Self-neglect and a duty to intervene ethically ›

I’m taking a break from the series of blogs on European social care this week (although I’ll be looking at best practice examples from Europe over the next couple of weeks), in order to focus on a topic which seems to be gaining focus in Wales: that of self-neglect. Self-neglect is increasingly being recognised by…

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Campaigning To Be Heard

Campaigning To Be Heard ›

10th October 2015 | Categories: Learning Disability , Mental Capacity Act , Mental Health

I’ve just been reading about a campaign to change the law so families of vulnerable adults are consulted about their care. The campaign, called Justice for LB, was started by the mother of a young man with autism and epilepsy who drowned in a bath at Slade House, an NHS unit in Oxfordshire in 2013….

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Protecting people in our care

Protecting people in our care ›

3rd August 2015 | Categories: Mental Health

A recent news story about allegations of ill-treatment by a worker in a Cumbrian care home has prompted me to write about the protection that the law offers vulnerable adults in England and Wales.  The charges in this particular case were under section 44 of the Mental Capacity Act 2005 that made offences of the…

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From DoLS to providing Protective Care

From DoLS to providing Protective Care ›

20th July 2015 | Categories: Mental Health

The journey to get to where we are on the operation of the Deprivation of Liberty Safeguards (or DoLS) is a long and tortuous one. New proposals released by the Law Commission earlier this month offer new hope in making them more streamlined and easier to operate, and to hopefully protect the interests and rights…

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Mental Capacity Act: The Law of Necessity

Mental Capacity Act: The Law of Necessity ›

6th July 2015 | Categories: Mental Health

How does a story of shipwrecked sailors from the 19th century relate to the way in which the Mental Capacity Act works? The answer lies in the common law doctrine of necessity! In the case of Regina v. Dudley & Stephens, a group of sailors stranded at sea decided the only way they could survive…

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I’m on my way to a meeting

I’m on my way to a meeting ›

20th February 2015 | Categories: Mental Capacity Act , Mental Health

The Mental Capacity Act 2005 allows us to make decisions for people who lack the mental capacity to make that decision, as long as we make the decision in the person’s best interest. The Mental Capacity Act doesn’t provide a definition as to what someone’s best interests are, but gives some pointers as to the…

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Restriction or Deprivation of Liberty – What’s the Difference? ›

14th November 2013 | Categories: Mental Capacity Act , Mental Health

Making Decisions in Someone’s Best Interests I have discussed in earlier articles how under section five of the Mental Capacity Act 2005 we can make decisions in someone’s best interests where they lack the capacity to make those decisions about their own care, and how section six of the Mental Capacity Act allows us to…

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Keeping Up With the Law ›

25th October 2013 | Categories: Mental Capacity Act

Richard Jones has just brought out the latest edition of his Mental Health Act Manual – widely considered as ‘the Bible’ for mental health professionals and lawyers, but unlike the Holy Bible there’s a new updated edition each year. In fact we’re now on the sixteenth edition. What Jones provides is the full text of…

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Is the Mental Capacity Act working? Your views count. ›

16th August 2013 | Categories: Adult Social Care , Mental Capacity Act

The Mental Capacity Act 2005 (MCA) has been up and running now since 2007. Whether you’re a care home manager, or you are caring for a family member, you may well have seen the Mental Capacity Act in action. Now is your chance to comment on how well you think it is working. The House…

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Hands Off – what the Mental Capacity Act says about restraint ›

21st June 2013 | Categories: Adult Social Care

What would a member of care home staff do if they saw a frail, elderly and confused resident walk out of the home towards a busy main road? It’s not a trick question! I hope the answer is the care staff would follow him or her out of the door and bring them back into…

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CQC Outcomes are now called Key Lines of Enquiry. CQC Essential Standards are now CQC Fundamental Standards.