This weeks chat is on the topic of the Mental Capacity Act (MCA) and The Deprivation of Liberty Safeguards (DoLs) and will be hosted by Sarah Sharland (@SarahSharland19). Here is what Sarah had to say…
The Mental Capacity Act 2005 came into force in 2007. It was designed to protect those who were deemed vulnerable or who may have an impaired ability to make decisions for any reason that affects the functioning of their minds. It can also be used to support those who do have capacity and are planning for their future care needs. Everyone working within the MCA should feel confident in applying the principles and supporting people to make decisions for themselves. Should the person be assessed as lacking capacity, then any decision regarding their care should be made in their best interests.
The Deprivation of Liberty Safeguards (DOLS) were brought in as a result of a Supreme Court ruling, as an amendment to the MCA 2005, and apply in only England and Wales. They ensure that when restraints and restrictions are used under the Act, that the person is protected and represented. They also ensure that any implementations are the least restrictive possible and are regularly reviewed. DOLS can only be used if the person is being deprived of their liberty in a care home or hospital. As part of the legislation, the person must have an advocate or representative, and they also have the ability to challenge or appeal the authorisations within the legal system.
Questions for the OTalk chat:
- How does the Mental Capacity Act affect your practice?
- Are you involved in mental capacity assessments, and what is your role/setting?
- How confident do you feel in your knowledge of the Mental Capacity Act? Please give reasons for this (training, experience etc)
- How confident do you feel in your knowledge of the Deprivation of Liberty Safeguards? Please give reasons for this (training, experience etc)
- What do you think are the benefits of involving occupational therapists in MCA and DOLS assessments?
Hosting the chat: Sarah Sharland @SarahSharland19
Support on @OTalk account Rachel @OT_rach
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