This Day On The Street
Continue to site right-arrow
ADVERTISEMENT
This account is pending registration confirmation. Please click on the link within the confirmation email previously sent you to complete registration.
Need a new registration confirmation email? Click here
Cramer's Action Alerts PLUS - See his portfolio and get alerts BEFORE every trade. Learn more NOW!

New CQC Report Highlights "Lack Of Understanding" Of Liberty Safeguards And Mental Capacity Act

LONDON, April 12, 2013 /PRNewswire/ --

A new report by the Care Quality Commission (CQC) has highlighted the worrying variation in how local authorities apply Deprivation of Liberty Safeguards under the Mental Capacity Act, and how much of the legislation in place to protect individual's rights is simply not being understood.

The CQC recently published its third annual report on the use of the 'DoLS' safeguards in UK care homes and hospitals, relating to the period 2011/12, and called for care providers and commissioners of services for vulnerable adults to 'improve their understanding of the Mental Capacity Act and the safeguards.'

Mark McGhee, a specialist human rights lawyer and one of the country's leading experts in Court of Protection matters, said the findings were cause for concern, but regrettably mirrored his own professional experience.

"The Deprivation of Liberty Safeguards ensure that an individual and their family's human rights are protected in circumstances where a member of the family lacks capacity to make a decision or decisions about where they live, their care and/or their treatment," he said. "But in order to work properly they must be applied correctly."

As well as showing an increase in the number of applications to use the safeguards - rising 27 per cent to an annual total of 11,393, with more than half of those (56 per cent) being granted - the report highlighted a number of worrying issues, such as a lack of understanding of the Mental Capacity Act and DoLS safeguards, and the wide variation in how individual authorities observe and implement the safeguards.

"The report says that the umbrella legislation of the Mental Capacity Act (MCA) is not well understood or implemented in practice," said Mr McGhee, a partner with Fentons Personal Injury Solicitors LLP. "An understanding of the MCA is fundamental to ensuring the level and suitability of care for mentally incapacitated individuals that has to be provided by a local authority. It is unthinkable that critical decisions involving vulnerable adults may be being made by professionals who - three years on from the implementation of that legislation - may not understand it."

Another key finding of the report is that the use of restraint is not always recognised or recorded as such, and so becomes difficult to monitor. "It is a grave and serious concern that a vulnerable adult may be restrained whilst under the control of a local authority, without any record of that and as such, with no appropriate or adequate protection," said Mark. "It is of paramount importance that any physical restraint is only ever applied proportionately."

1 of 2

Check Out Our Best Services for Investors

Action Alerts PLUS

Portfolio Manager Jim Cramer and Director of Research Jack Mohr reveal their investment tactics while giving advanced notice before every trade.

Product Features:
  • $2.5+ million portfolio
  • Large-cap and dividend focus
  • Intraday trade alerts from Cramer
Quant Ratings

Access the tool that DOMINATES the Russell 2000 and the S&P 500.

Product Features:
  • Buy, hold, or sell recommendations for over 4,300 stocks
  • Unlimited research reports on your favorite stocks
  • A custom stock screener
Stocks Under $10

David Peltier uncovers low dollar stocks with serious upside potential that are flying under Wall Street's radar.

Product Features:
  • Model portfolio
  • Stocks trading below $10
  • Intraday trade alerts
14-Days Free
Try it NOW
Only $9.95
Try it NOW
14-Days Free
Try it NOW

Check Out Our Best Services for Investors

Dividend Stock Advisor

David Peltier identifies the best of breed dividend stocks that will pay a reliable AND significant income stream.

Product Features:
  • Diversified model portfolio of dividend stocks
  • Updates with exact steps to take - BUY, HOLD, SELL
Trifecta Stocks

Every recommendation goes through 3 layers of intense scrutiny—quantitative, fundamental and technical analysis—to maximize profit potential and minimize risk.

Product Features:
  • Model Portfolio
  • Intra Day Trade alerts
  • Access to Quant Ratings
Options Profits

Our options trading pros provide over 100 monthly option trading ideas and strategies to help you become a well-seasoned trader.

Product Features:
  • Actionable options commentary and news
  • Real-time trading community
Try it NOW
Try it NOW
Try it NOW
To begin commenting right away, you can log in below using your Disqus, Facebook, Twitter, OpenID or Yahoo login credentials. Alternatively, you can post a comment as a "guest" just by entering an email address. Your use of the commenting tool is subject to multiple terms of service/use and privacy policies - see here for more details.
Submit an article to us!
SYM TRADE IT LAST %CHG

Markets

DOW 18,132.70 -81.72 -0.45%
S&P 500 2,104.50 -6.24 -0.30%
NASDAQ 4,963.5270 -24.3630 -0.49%

Partners Compare Online Brokers

Free Reports

Free Newsletters from TheStreet

My Subscriptions:

After the Bell

Before the Bell

Booyah! Newsletter

Midday Bell

TheStreet Top 10 Stories

Winners & Losers

Register for Newsletters
Top Rated Stocks Top Rated Funds Top Rated ETFs