Whose best interest’s? The person’s best interests! Not the partners! Not the families! Not the medical staff’s! Not the care providers! Not the nursing home! All decisions made for someone who lacks capacity must be in THEIR best interests. #bestinterests #Mentalcapacityact

An example of the Court of Protection taking into account what was in P’s best interests. I imagine the healthcare providers found this difficult, knowing there was a life at stake. Read the full court transcript ⬇️ bailii.org/ew/cases/EWCOP…

We always have to make best interest decisions using the less restrictive option available. There is always options when we have to make decisions for an individual who lacks capacity, what are the options? What is in the best interest of the person? #lessrestrictive #MCA2005

What she said….. #EuropeanConventionofHumanRights #MentalCapacityAct

From one Nurse to another – Thank you #InternationalNursesDay2023

We ALL have a right to liberty and security. No matter our capacity, race, colour, sex, sexual orientation, gender identity, religion, national origin, age, disability, marital status or political affiliation. #ECHR #Righttoliberty #DoLS #MCA

With the Liberty Protection Safeguards “delayed beyond the life of this parliament” we must strive to ensure that those that lack capacity have the safeguards and protections of DoLS. As said by the Welsh Assembley Governemnt - “Liberty is a fundamental Human Right”

The Bournewood Gap is still evident, it is up to everyone to ensure that this is not the case!

20/06/2023 – It is National Learning Disability Week – today we want to highlight London Borough of Hillingdon v Neary [2011]. Link to interview with Mark Neary ➡️eachother.org.uk/give-back-son-…

Highlighting Cheshire West. If the below apply, it does not matter if the person is compliant or if the person does not ask to leave. If the person lacks capacity to consent to their accommodation for the purpose of care and treatment then they require the safeguards of DoLS.

It is National Thank You Day….so Thank You 😊

This is part of an assessment for cognitive impairment, it is not a capacity assessment. Capacity is decision and time specific! This assessment has nothing to do with treatment, discharge, finances or any other decision………unless the decision is about how to make a clock!

Independent Mental Capacity Advocate – if the patient lacks capacity and is unfriended then you are legally required to refer for an IMCA in certain situations. If you fill in a DoLS application, insert no names in the persons of interest to contact, this is the next box…....

When presented with a Lasting Power of Attorney, ensure the donor has not stated any conditions within their LPA. You can contact the Office of Public Guardian on their website to confirm an LPA if the correct paperwork is not presented.

We are delighted to announce a key milestone in our plans to modernise lasting powers of attorney and make the system safer, simpler and fit for the future. Read the full story: gov.uk/government/new…

Ian Brownhill Yet another reason to make sure that the Code of Practice is updated to reflect this. In the meantime, see this informal update which picks up this and other paragraphs of the Code (and the DoLs Code) which are just plain wrong legally: 39essex.com/information-hu…

39 Essex Chambers October 2023 Mental Capacity Report and walkthrough: mentalcapacitylawandpolicy.org.uk/39-essex-chamb…

We have been a bit quiet on X for a while but for good reasons.... MCA & DoLS Level 3 training is now mandatory across CTMUHB! We believe that the MCA and the five principles should be embedded into our daily practice as health professionals so get on ESR to book yourself on

This month we have been promoting ‘It Makes Sense’, the annual campaign run by NHS Wales, raising awareness of the needs of 600,000 people in Wales living with sensory loss, such as hearing and/or sight loss. #sensorylossawrenessmonth #EqualityAct2010 #Mentalcapacityact

Shout out to Kimberly from CTMUHB Mental Capacity Act Team on an engaging MCA & DOLS session this afternoon. An interesting and relevant topic for us all to learn more about. Spaces for this training are available to book now via ESR until March 2024.