Elder Law Journal, vol. 2, 2012, p. 82-87
This article discusses the case of Cardiff City Council v Peggy Ross and Norman Davies which involved the council attempting to use a deprivation of liberty safeguard authorisation to prevent Mrs Ross from going on a cruise with Mr Davies, her long term partner. Mrs Ross was resident in a care home and had dementia. Mr Davies successfully challenged the council in the Court of Protection. This case illustrates how powers under the Mental Capacity Act can be abused to limit the freedom of elderly people with mild to moderate dementia.
Elder Law Journal, vol. 2, 2012, p. 76-81
Under the Mental Capacity Act 2005, depriving a person who lacks capacity and who lives in their own home or in supported housing of their liberty will only be lawful following an order of the Court of Protection on a best interests personal welfare matter. The duty of bringing any potential deprivation of liberty to the attention of the Court of Protection is likely to fall to the local authority in whose area the vulnerable person is living or which is responsible for their care package. Case law suggests that local authorities may not always be clear about whether a deprivation of liberty is taking place outside of a care home or hospital and, if so, what to do about it.
N. Pearce and S. Jackson
Family Law, Apr. 2012, p. 432-437
The Mental Capacity Act 2005, as amended by the Mental Health Act 2007, sets out the legal framework and procedures to authorise the lawful deprivation of liberty of a person who lacks capacity (P) and for P to challenge or seek a review of the decision by making an application to the Court of Protection. This article addresses the authorisation procedures, also known as the Deprivation of Liberty Safeguards.
S. Varghese and others
Advances in Mental Health and Intellectual Disabilities, vol.6, 2012, p. 52-59
Psychiatrists are among the frontline practitioners involved in the implementation of the Deprivation of Liberty Safeguards (DOLS) since 2009. This article reports responses to a postal survey which explored how the safeguards are perceived and put into practice by these professionals. Results showed that training had helped professionals to regard the safeguards positively and increased appreciation of their value in protecting the human rights of vulnerable adults. However, there was concern about the complex bureaucracy involved in the DOLS procedure and about conflicts between the Mental Health and Mental Capacity Acts.
T. Jingree and W.M.L. Finlay
Sociology of Health and Illness, vol. 34, 2012, p. 412-428
The UK government has over the last decade implemented policies to give people with learning disabilities control over their lives. However, their freedom of choice can be obstructed by parents, especially if they are living in the family home. This analysis is based on talk about facilitating independence from a sample of self-selected family carers at a series of focus groups. Family carers constructed professionals as reckless, irresponsible and blinded by political correctness. They also presented current changes to service structures and provision as disrupting preferred stable routines and choices. People with learning disabilities were positioned as unable to adapt to change, and parents did not accept that they could have acted to increase their child's understanding of the options available. It is concluded that the choice agenda for people with learning disabilities could be met with resistance from families.
A. Roy and S. Bhaumik
Advances in Mental Health and Intellectual Disabilities, vol.6, 2012, p. 89-98
Payment by Results (PbR) aims to provide a transparent rule-based system to pay providers for interventions based on health need. It is now being implemented in adult mental health services but not learning disability services. This paper reviews the components of the PbR process and examines possible benefits for the healthcare of people with learning disabilities, who often have both mental and physical health problems. It is concluded that it is possible to use the principles of PbR to commission high quality personalised services for individuals with complex needs, offering improved efficiency and greater value.
B. de Jongh
Mental Health Today, Mar./Apr. 2012, p. 10-11
Inequalities in mental healthcare are still prevalent, with inpatient admissions rates two to four times higher than average for ethnic minority groups. The Cultural Consultation Service has piloted an innovative approach to address these inequalities. A more holistic care process is facilitated by working with service users' stories (narratives) and analysing issues of complexity surrounding all issues of their care. The approach involves understanding how culture shapes a service user's experience and expressions of mental illness as well as their personal understanding of recovery. As well as the culture and narratives of individual service users, cultural consultation also looks at those of clinicians, teams and organisations.