An applied knowledge of the Mental Capacity Act 2005 and related Codes of Practice

Mental Capacity Act 2005, Professional use of Deprivation of Liberty Safeguards (DoLs)

ANALYSIS OF YOUR DoLS SHADOW(S) (4,000 words)

Intended Learning Outcomes 1, 2 and 4.

1. An applied knowledge of the Mental Capacity Act 2005 and related Codes of Practice

2. The ability to keep appropriate records and to provide clear and reasoned reports in accordance with legal requirements and good practice

4. The ability to work with vulnerable people in a manner consistent with the Key Capabilities for Best Interest

Assessors

1. The ability to apply in practice, and maintain knowledge of, relevant legal and policy frameworks

2. The ability to work in a manner congruent with the presumption of capacity

3. The ability to take all practical steps to help someone make a decision

4. The ability to balance a person’s right to autonomy and self-determination with their right to safety and respond appropriately

5. The ability to make informed, independent best interests decisions within the context of a DoLS assessment

6. The ability to effectively assess risk in complex situations, and use analysis to make proportionate decisions

It is essential that you observe a practicing BIA undertaking at least one DoLS assessment and participate as far as possible

Reflection on the observed assessment, analysing the principles, processes and practice of deprivation of liberty assessments, with critical analysis of the main issues that contribute to the decision-making in this case Areas to address within your work might include:

Understanding how to identify a deprivation of liberty Mental Capacity Act 2005, Professional use of Deprivation of Liberty Safeguards (DoLs)

The current legal framework for authorising deprivation of liberty and how to apply it

• The interface between the MCA 2005/DoLS and the Mental Health Act 1983

• Appropriate use and understanding of case law

• Supporting individuals to represent their needs, views and circumstances.

• Management of risk

• Management of power dynamics/ power imbalances

• Skills in report-writing and record-keeping including use of DoLS forms

• Management of care-planning including BIA conditions to ensure the least restrictive environment for each individual who lacks capacity to decide for themselves the level of care and protection they need

• Demonstration of clear thinking and decision-making abilities and be able to justify the decisions reached.

• Needs to be more than a recital of the law

• Keep the individual as the focus

• Even if you only observe three or four parts of the assessment you must write about all six aspects.

Mental Capacity Act 2005, Professional use of Deprivation of Liberty Safeguards (DoLs)