Safeguarding Adults

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Assessing Capacity Chart Best Interests If the patient is not able to consent or refuse treatment, there is a duty to make a best interest decision about whether to treat the patient. You must: • involve the person who lacks capacity to the fullest extent possible • have regard for past and present wishes and feelings, especially written statements • consult with others who are involved in the person’s care • not be discriminatory • choose or decide on the least restrictive option • take into consideration the benefits and burdens to the person
Deprivation of Liberty Safeguards Deprivation of Liberty Safeguards What are they? The Deprivation of Liberty Safeguards 2009 (DoLS) are an amendment to the Mental Capacity Act 2005. They provide a legal framework to protect those who lack the capacity to consent to the arrangements for their treatment or care, for example by reason of their Dementia, Learning disability or Brain Injury and where levels of restriction or restraint used in delivering that care for the purpose of protection from risk/harm are so extensive as to potentially be depriving the person of their liberty. Deprivation of Liberty Safeguards goes beyond the actions permitted under section 5 of the Mental Capacity Act (MCA) 2005. Who does it apply to? An application is required to the Court of Protection where the following conditions are met:- • The person has an impairment or disturbance in the functioning of their mind or brain which could affect their ability to make a decision. • The person does not have the capacity to consent to their circumstances/care arrangements and/or treatment. • Their situation meets the acid test; Are they under continuous supervision? and are not free to leave and live somewhere else • Their care is imputable to the state – the local authority or CCG is responsible for the person’s care either directly or through funding. The following groups of individuals are covered by these safeguards: a) People in hospitals, care homes, residential and nursing homes (i.e. all CQC registered settings) Currently the provider organisation is required to apply to the Local Authority where the patient is from to have the application for Deprivation of Liberty authorised. b) 16-17 age cohort and Looked after Children Currently the commissioning body (NHS or Local Authority) is required to apply to the Court of Protection to have the application for Deprivation of Liberty authorised. In hospital settings it will be the responsibility of the hospital to make an application to the court of Protection where a Deprivation of Liberty is identified. c) NHS or local authority funded care in people’s homes, supported living accommodation and in shared lives placement arrangements. Continued over...
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Page 3 and 4: The Care Act 2014 The aims of safeg
Page 5 and 6: Your Responsibilities Duty of care:
Page 7 and 8: Your Responsibilities Modern Slaver
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Page 13 and 14: The Mental Capacity Act The Mental
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Page 27 and 28: Prevent/Channel In the absence of a
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Page 35 and 36: Modern Slavery What should I look f
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Safeguarding Adults

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