Mental Capacity Act -DOLs Implications
A presentation will be given.
Minutes:
The Board received a presentation setting out the implications of the Deprivations of Liberty Safeguarding measures, which formed part of the Mental Capacity Act 2007 and were due to come into force in April 2009.
It was noted that the these measures were intended to prevent arbitrary decisions being made that would deprive vulnerable people in hospital and care homes of their liberty. Staff working in these were being prepared for the implementation of the new measures via training and briefing sessions.
The Board was advised that under the Act Local Authorities and Primary Care Trusts were now able to enter into a range of shared operational and administrative arrangements that were intended to help them carry out their duties in terms of the Deprivation of Liberty Safeguards. Under the partnership arrangements Local Authorities and Primary Care Trusts would be able to carry out any of their functions on each others behalf.
In response to a query it was confirmed that where services were commissioned out they could be assessed by the commissioning body.
The Board was advised that the Local Authority had begun to look at putting systems in place to capture data and there was agreement that there should be discussion between the NHS and the Local Authority to determine whether there a joint approach to this could be formulated.
RESOLVED: