The new Mental Capacity Act #MCA amendment bill reaches the committee stage next month. This spells the beginning of the end for DoLS and a potential extra burden for Care Home Managers.
Much of the bill reflects the Law Commission proposals on replacing DoLS with a new scheme however the government have not extended the new scheme to 16 and 17 year olds, as was suggested.
The new scheme will allow for Responsible Bodies (CCGs and LAs) to authorise deprivations in a range of settings including community, domestic, hospitals and care homes. In the case of care homes, Part 2 of the bill seems to place, greatly increased, duties on care Home Managers, specifically, to develop and collate evidence in the form of a statement to justify any deprivation of liberty within their home.
In addition the bill requires managers to consult widely on the person's wishes and feelings and to produce an authorisation record that will be signed off by the Responsible Body.
This development has come as a surprise to many and I am currently struggling to see how it will work in practice.
If the Bill becomes law you can be certain that Desuto will be ready to provide the up to date guidance and support that our customers have become accustomed to. To stay ahead of the changes and prepare your service for the changes sign up at https://desuto.com/trial
Mental Capacity (Amendment) Bill (HL Bill 117)