Issue - meetings

The Director of Adult Social Services updated the Board with respect to the Deprivation of Liberty Safeguards (DoLS) and the refresh of the Mental Capacity Act 2005 Policy.

It was noted that the Deprivation of Liberty (DoLS) were one aspect of the Mental Capacity Act (2005).  The Safeguards were to ensure that people in care homes and hospitals were cared for in a way that did not inappropriately restrict their freedom, and if necessary restrictions were only applied in a safe and correct way, and that this was only done when it was in the best interests of the person and there was no other way to provide appropriate care.

The report advised of the Supreme Court ruling on 19 March 2014 and its significance in the determination of whether arrangements made for the care and/or treatment of an individual lacking capacity to consent to those arrangements amounted to a deprivation of liberty; and the new acid test which was introduced in response to this.  The report discussed the implications of this for an individual and for the State.  It also discussed the action plan developed to address and co-ordinate the Halton response to the judgement. 

Members were referred to paragraph 3.5 which stated the number of applications received since 1 April 2016 were 203; and it was predicted that this could increase to 500 by the end of the year.

With regards to the Mental Capacity Act 2005, Members were advised of a number of changes made to the Policy as part of a scheduled review of the document. 

RESOLVED:  That the Board

1)    notes the report; and

2)    notes the refresh of the Mental Capacity Act 2005 Policy, Procedure and Practice document.