(4)Section 50(2) to (7) of the Children and Social Work Act 2017 apply for the purposes of sub-paragraph (3) as they apply for the purposes of that section. (c)the arrangements are necessary to prevent harm to the cared-for person and proportionate in relation to the likelihood and seriousness of harm to the cared-for person. applies and the cared-for person is subject to a care order under section 31 of the Children Act 1989 or an interim care order under section 38 of that Act, the local authority that is responsible under the order for the care of the cared-for person; if the arrangements provide for the cared-for person to reside in one place, the local authority for the area in which that place is situated; if the arrangements provide for the cared-for person to reside in more than one place, the local authority for the area in which the main place of residence is situated; in any other case, the local authority for the area in which the arrangements are mainly carried out. 13The authorisation conditions are that— (a)the cared-for person lacks capacity to consent to the arrangements, (b)the cared-for person has a mental disorder, and (c)the arrangements are necessary to prevent harm to the cared-for person and proportionate in relation to the likelihood and seriousness of harm to the cared-for person. Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. (b)consult any other person listed in paragraph 23(2), or take any other action, if it appears to the Approved Mental Capacity Professional to be appropriate and practicable to do so. Before the end of each review period the Lord Chancellor must—, review each code for the guidance of persons exercising functions under Schedule AA1, and. And, for the purposes of this Schedule, arrangements which relate to a person are “not in accordance with mental health requirements” if the person is subject to mental health requirements and the arrangements are not in accordance with them. represent and support persons to whom acts or decisions proposed under sections 37, 38 and 39 relate, represent and support cared-for persons where paragraph, support appropriate persons where paragraph. (4)If it is not practicable or appropriate to consult a particular person falling within sub-paragraph (2) the duty to consult that person does not apply. anything which has the same effect as something within paragraph (a) or (b), under another England and Wales enactment. (b)the programme for reviewing the authorisation, (c)how the requirements of Part 5 are complied with, and. An assessment may be one carried out for an earlier authorisation or for any other purpose, provided that it appears to the relevant person that it is reasonable to rely on the assessment. (4)Regulations under this section that repeal or amend a provision of an Act may not be made unless a draft of the statutory instrument containing them has been laid before Parliament and approved by a resolution of each House of Parliament. (6)Regulations made by the appropriate authority under sub-paragraph (5)—, (a)may make provision about a connection of any kind (financial or otherwise), and. (a)for enabling the care or treatment of a person (the “cared-for person”) described in sub-paragraph (2), (b)that give rise to a deprivation of the cared-for person’s liberty, and, (2)The cared-for person must be a person who—, (b)lacks capacity to consent to the arrangements, and. But regard is to be had to circumstances from the past only so far as it is still appropriate to have regard to them. (b)anything that has the same effect as any of those, under another England and Wales enactment, (2)P is not subject to the hospital treatment regime during any period for which P is subject to—. P could be detained in a hospital in pursuance of such an application, were one made. (4)An authorisation ceases to have effect if, at any time, the responsible body believes or ought reasonably to suspect that any of the authorisation conditions are not met. The appropriate authority may by regulations make provision for requirements which must be met by a person—, for determinations and assessments required under sub-paragraph, and determinations and assessments required under sub-paragraph, But if the arrangements are care home arrangements and authorisation is being determined under paragraph. 8In paragraph 6(1)(d) “NHS continuing healthcare” is to be construed in accordance with standing rules under section 6E of the National Health Service Act 2006. (9)There is an emergency if D reasonably believes that—, (a)there is an urgent need to take the steps mentioned in subsection (1) in order to give the life-sustaining treatment or do the vital act, and, (b)it is not reasonably practicable before taking those steps—. (12)Before making the determination mentioned in sub-paragraph (10) or (11), the Approved Mental Capacity Professional must—, (b)meet with the cared-for person, if it appears to the Approved Mental Capacity Professional to be appropriate and practicable to do so, and. (d)anything else this Schedule requires to be specified. A statement for the purposes of paragraph, is a statement in writing by the care home manager—. (3)The appropriate authority may by regulations make provision for requirements which must be met by a person—, (4)Regulations under sub-paragraph (3) may make different provision—, (a)for determinations and assessments, and. In Part 1 of Schedule 9 to the Mental Health Act 2007 (amendments to Mental Capacity Act 2005) omit paragraphs 2, 5(3), 6, 7(3) and (4), 8, 9, 10(2) and (3) and 11. the original print PDF of the as enacted version that was used for the print copy, lists of changes made by and/or affecting this legislation item, confers power and blanket amendment details, links to related legislation and further information resources. , or take any other action, if it appears to the Approved Mental Capacity Professional to be appropriate and practicable to do so. (iii)the circumstances in which a referral may or will be made to an Approved Mental Capacity Professional. (3)If regulations made by the Secretary of State under sub-paragraph (1)(c) provide for Social Work England to approve training, the regulations may—. An authorisation has effect from the time at which the responsible body gives the authorisation, unless at that time the responsible body specifies a later time. (a)the arrangements provide for the cared-for person to reside in, or to receive care or treatment at, a specified place, (b)the reviewer becomes aware that the cared-for person does not wish to reside in, or to receive care or treatment at, that place, and, (c)the pre-authorisation review under paragraph 24—, (i)was not by an Approved Mental Capacity Professional, or. (4)Different days may be appointed for different purposes or different areas. (d)any independent mental capacity advocate appointed under paragraph 43 to support the appropriate person. Our Mental Health and Disability Committee will continue lobbying on your behalf while the code is being drafted. (4)This paragraph does not apply if an IMCA has been appointed under this paragraph and the appointment has not ceased to have effect. A pre-authorisation review for the purposes of paragraph, in the day-to-day care of the cared-for person, or, in providing any treatment to the cared-for person, or. 4(1)Section 36 (functions of independent mental capacity advocates) is amended as follows. at the end of any shorter period specified by the responsible body at the time it gives the authorisation. 9(1)In paragraph 6(1)(b), “responsible local authority”, in relation to a cared-for person aged 18 or over, means—. (3)In determining whether either of paragraph (a) or (b) of sub-paragraph (2) applies, the responsible body must consider the views of any relevant person about the wishes of the cared-for person that are brought to the responsible body’s attention. LPS will provide the framework to determine whether a … 5(1)Section 38 (provision of accommodation by NHS body) is amended as follows. what the wishes and feelings of the cared-for person who that appropriate person represents and supports would be likely to be and the beliefs and values that would be likely to influence the cared-for person; what alternative courses of action are available in relation to the cared-for person who that appropriate person represents and supports; Section 38 (provision of accommodation by NHS body) is amended as follows. (10)In this paragraph “relevant person” means—, (a)the care home manager, if the arrangements are care home arrangements and authorisation is being determined under paragraph 19, or. If you’d like to get involved in our work on this topic, you can find out more about our Mental Health and Disability Committee. , it ceases to have effect at the end of the renewal period. (b)that the arrangements give rise to a deprivation of the cared-for person’s liberty. Part 1 (this Part) describes the arrangements dealt with and gives definitions (including “the responsible body”), Part 2 sets out the procedure for the responsible body to authorise arrangements, Part 3 is about the duration, renewal, variation and review of authorisations, Part 4 is about Approved Mental Capacity Professionals (involved under Part 2 in certain cases), Part 5 is about appointing persons to give representation and support in connection with arrangements, Part 6 gives power to provide for monitoring and reporting, arrangements that are not in accordance with mental health requirements, 2(1)This Schedule applies to arrangements—. (c)the responsible body has carried out consultation under paragraph 23. (3)The persons or bodies for the purpose of sub-paragraph (1)(f) are—. This Schedule does not apply to arrangements if—, they are mental health arrangements (see paragraphs, they are not in accordance with mental health requirements (see paragraph, For the purposes of this Schedule arrangements in relation to a person (“P”) are “mental health arrangements” if paragraph, P is subject to the hospital treatment regime, and. (g)a draft authorisation record has been prepared in accordance with paragraph 27. makes a request to the responsible body for an IMCA to be appointed. (a)where the determination or assessment is in relation to an authorisation by an English responsible body, the Secretary of State, and. “Authorisation conditions” has the meaning given by paragraph. These will be used for anyone 16 or above who lacks capacity rather than 18 as previously used in DoLS. “(fa)for the guidance of persons exercising functions under Schedule AA1. 51(1)This paragraph applies if the following conditions are met. (ii)in Wales, the provision of an equivalent to NHS continuing healthcare under arrangements made by a Local Health Board. the Welsh Ministers, in relation to the approval of a person by, or a person approved by, a local authority whose area is in Wales. A step-by-step look at the sections and parts of the Mental Capacity (Amendment) Act 2019 and what they mean for practice. when a person is conditionally discharged under section 73 of the Mental Health Act; anything which has the same effect as something within any of paragraphs. (2)When making a determination under this paragraph regard must be had (amongst other matters) to the cared-for person’s wishes and feelings in relation to the arrangements. If Conditions 1 to 4 are met, D is authorised to take steps which deprive P of liberty. (b)the matters mentioned in paragraph 14(2) as they apply in relation to the cared-for person’s case. (6)In the cases mentioned in sub-paragraphs (1)(d), (4) and (5)(e), the “responsible local authority” is—. the responsible body is satisfied that this Schedule applies to the arrangements, the responsible body is satisfied, on the basis of the determinations required by paragraphs. (iii)the conditions in paragraph 35 are met. Partner-level Consultant Lawyers - Setfords London & Setfords Solicitors, SDLT holiday – take action to protect consumers, House of Commons second reading of the amendment bill, Common legal issues and coronavirus (COVID-19) toolkit for MPs, Deprivation of liberty safeguards: a practical guide, putting the vulnerable person at the centre of decision-making – for example, taking the person’s wishes and feelings into account, making sure the vulnerable person has the right to challenge the deprivation of liberty authorisation, making the role of the care home manager clearer to avoid conflict of interest, limiting the length of the authorisation for the deprivation of a person’s liberty. (c)the arrangements are for enabling medical treatment for mental disorder in a hospital. The government website where federal agencies post discretionary funding opportunities and grantees find and apply for them “Approved Mental Capacity Professional” means a person approved in accordance with Part. (iii)the conditions in paragraph 19 are met. (c)is not engaged in providing care or treatment for the cared-for person in a professional capacity. as situated in whichever of the areas the greater (or greatest) part of the building is situated. Any statutory instrument containing regulations made by the Welsh Ministers under Schedule AA1 is subject to annulment in pursuance of a resolution of the National Assembly for Wales. if there is an Education, Health and Care plan for the cared-for person, the local authority responsible for maintaining that plan; does not apply and the cared-for person has needs for care and support which are being met under Part 1 of the Care Act 2014, the local authority meeting those needs; in any other case, the local authority determined in accordance with sub-paragraph. (2)In section 4A (restriction on deprivation of liberty) for subsection (5) substitute—, “(5)D may deprive P of liberty if, by doing so, D is carrying out arrangements authorised under Schedule AA1 (arrangements enabling the care and treatment of persons who lack capacity).”. Hadiths are sayings and acts of the prophet Muhammad as reported by others, and as such they are not part of ... A 2019 meta-analysis found no positive effect of sugar consumption on mood but did find an association with lower alertness and increased fatigue within an hour of consumption, known as a sugar crash. (a)in relation to the first review, the period of 3 years beginning with the day on which this subsection comes into force, and, (b)in relation to subsequent reviews, each period of 5 years beginning with the day on which the report of the previous review was laid before Parliament.”. (4)In the cases mentioned in sub-paragraphs (1)(c) and (3)(d), the “responsible local authority” is the local authority for the area in which the independent hospital mentioned in paragraph 6(1)(b) is situated. If the cared-for person has an appropriate person, the responsible body must take all reasonable steps to appoint an IMCA to support the appropriate person if—, An IMCA should be appointed if the appropriate person—, has capacity to consent to being supported by an IMCA, and, the appropriate person lacks capacity to consent to being supported by an IMCA, and. in the definition of “local authority”, for “Schedule A1” substitute “Schedule AA1”. a decision relevant to whether D is authorised to deprive P of liberty is being sought from the court, or. any appropriate person in relation to the cared-for person, understands the matters mentioned in sub-paragraph, If, subsequently, at any time while the arrangements are being proposed the responsible body becomes satisfied under paragraph, that a person is an appropriate person in relation to the cared-for person, the responsible body must, as soon as practicable, take such steps as are practicable to ensure that the appropriate person understands the matters mentioned in sub-paragraph. (5)Condition 4 is that a donee or deputy has not made a valid decision to consent to each matter to which P objects. Condition 2 is that P is not subject to any of these—. The government consultation on replacing the DoLS is now closed. The Mental Capacity Act was amended in May 2019. The reviewer must also carry out a review—. (b)the Mental Health Review Tribunal for Wales; 58Until the repeal of section 324 of the Education Act 1996 made by paragraph 4(1) and (9) of Schedule 1 to the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2) comes fully into force—, (a)paragraph 10(1)(b) has effect as if there were substituted—, “(b)if the cared-for person has an individual development plan or a statement of special educational needs—, (i)the local authority responsible for maintaining that plan or statement, or. that clinical commissioning group or Local Health Board; (e)if none of paragraphs (a) to (d) applies, the responsible local authority determined in accordance with paragraph 10. , “responsible local authority”, in relation to a cared-for person aged 16 or 17, means—. the arrangements are care home arrangements, the responsible body decides that authorisation should be determined under that paragraph instead of under paragraph, The conditions in this paragraph are that—. 10(1)In paragraph 6(1)(e), “responsible local authority”, in relation to a cared-for person aged 18 or over, means—, (b)if there is an individual development plan for the cared-for person—, (i)the local authority responsible for maintaining that plan, or. 31(1)This paragraph applies if an authorisation ceases to have effect (in whole or in part) under paragraph 29(4) or (5). where the determination is in relation to an authorisation by an English responsible body, the Secretary of State, and. (ii)consists of any accommodation provided by a local authority and used as a hospital by or on behalf of a relevant national authority under either of those Acts. (8)In sub-paragraph (7) “relevant person” means a person engaged in caring for the cared-for person or a person interested in the cared-for person’s welfare. (2)This section, and section 5 except subsection (6), come into force on the day this Act is passed. Deprivation of liberty: authorisation of steps necessary for life-sustaining treatment or vital act, Deprivation of liberty necessary for life-sustaining treatment or vital act. (a)a requirement imposed in respect of a person by a guardian exercising the power under section 8 of the Mental Health Act; (b)a condition or direction imposed or given in respect of a person by a responsible clinician exercising the power under section 17 of the Mental Health Act (leave of absence from hospital); (c)a condition specified by a responsible clinician in a community treatment order made in respect of a person under section 17A of the Mental Health Act (for the imposition of conditions, see section 17B of that Act); (d)a requirement imposed by a guardian in respect of a person who is the subject of a guardianship order under section 37 of the Mental Health Act (see section 40 of and Part 1 of Schedule 1 to that Act); (e)a condition imposed by the Secretary of State on the discharge from hospital of a person subject to a restriction order under section 42 of the Mental Health Act; (f)a condition imposed by any of the persons or bodies listed in sub-paragraph (3) when a person is conditionally discharged under section 73 of the Mental Health Act; (g)anything which has the same effect as something within any of paragraphs (a) to (f), under another England and Wales enactment. These are expected to take effect in spring 2020. In particular it inserts a new Schedule AA1. (3)As soon as practicable after authorising arrangements, the responsible body must take such steps as are practicable and appropriate, having regard to the steps taken under paragraph 15 and the length of time since they were taken, to ensure that the cared-for person and any appropriate person understands the matters mentioned in paragraph 14(2)(a), (c), (d), (f), and (g) as they apply in relation to the cared-for person’s case. (4)Condition 3 is that the arrangements are or include arrangements for P to be accommodated in a hospital for the purpose of being given medical treatment for mental disorder. (2)The time specified must not be later than the end of the period of 28 days beginning with the day on which the responsible body gives the authorisation. The Mental Capacity Act 2005 was designed to empower and protect individuals in these circumstances. (1)The Secretary of State may by regulations make provision that is consequential on any provision made by this Act. (b)determine whether the authorisation conditions are met. (b)a community treatment order under section 17A of the Mental Health Act; (c)a guardianship application under section 7 of the Mental Health Act; (d)a guardianship order under section 37 of the Mental Health Act; (e)anything which has the same effect as something within paragraph (b), (c) or (d), under another England and Wales enactment. A person is not to be regarded as a suitable person unless—, where the cared-for person has capacity to consent to being represented and supported by that person, the cared-for person does consent, or. anyone engaged in caring for the cared-for person or interested in the cared-for person’s welfare. (a)P is subject to the hospital treatment regime, (b)P is not detained in a hospital under that regime, and. “(2A)Any statutory instrument containing regulations made by the Welsh Ministers under Schedule AA1 is subject to annulment in pursuance of a resolution of the National Assembly for Wales.”. (b)a person who has a connection, of a kind prescribed by regulations, with a care home. (6)Regulations under subsection (5) may make different provision for different purposes or different areas. applies, the reviewer must refer the authorisation to an Approved Mental Capacity Professional for a determination as to whether the authorisation conditions are met. The following must publish information about authorisation of arrangements under this Schedule—. (2)In subsection (1) for paragraphs (fa) and (fb) substitute—. (2)D does not incur any liability in relation to the act that would not have been incurred if the cared-for person—, (a)had had capacity to consent in relation to D doing the act, and. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. This report provides the key findings from the Mental Capacity Act 2005, Deprivation of Liberty Safeguards (DoLS) data collection for the period 2019 - 2020 A Deprivation of Liberty (DoL) … Regulations made by the appropriate authority under sub-paragraph, may make provision about a connection of any kind (financial or otherwise), and, may make different provision for assessments under sub-paragraph, where the determination or assessment is in relation to an authorisation by an English responsible body, the Secretary of State, and. (b)a determination made on an assessment in respect of the cared-for person, that the person has a mental disorder. (4)Condition 2 is that the steps are necessary in order to give the life-sustaining treatment or do the vital act. , the responsible local authority is the local authority for the area in which the cared-for person is ordinarily resident for the purposes of that Act. (4)Paragraph 31 of Schedule AA1 applies if an authorisation ceases to have effect in certain cases. , the responsible body must review and record why not. The care home manager must report to the responsible body on any review the manager carries out. in the exercise of functions under Schedule AA1, as an appropriate person within paragraph, In section 50 (applications to the Court of Protection) for subsection (1A) substitute—, Nor is permission required for an application to the court under section 21ZA by any independent mental capacity advocate or appropriate person representing and supporting the cared-for person (see Part, In section 64 (interpretation), in subsection (1)—, omit the entry relating to authorisation under Schedule A1, and. Part 1 Amendments to the Mental Capacity Act 2005. the arrangements which are authorised or proposed under Schedule AA1 in respect of P include arrangements for P to be accommodated in the residential accommodation referred to in this section. (i)what the wishes and feelings of the cared-for person who that appropriate person represents and supports would be likely to be and the beliefs and values that would be likely to influence the cared-for person; (ii)what alternative courses of action are available in relation to the cared-for person who that appropriate person represents and supports;”. 21(1)The determinations required by this paragraph are—, (a)a determination made on an assessment in respect of the cared-for person, that the person lacks capacity to consent to the arrangements, and. applies, the responsible body must consider the views of any relevant person about the wishes of the cared-for person that are brought to the responsible body’s attention. If it is not appropriate to take steps to ensure that the cared-for person or any appropriate person understands a particular matter then, to that extent, the duties in sub-paragraphs, In this paragraph “appropriate person”, in relation to a cared-for person, means a person within paragraph, After authorising arrangements the responsible body must, without delay, arrange for a copy of the authorisation record to be given or sent to—, any independent mental capacity advocate appointed under paragraph. “(da)in the exercise of functions under Schedule AA1. the Mental Health Review Tribunal for Wales; Until the repeal of section 324 of the Education Act 1996 made by paragraph 4(1) and (9) of Schedule 1 to the, if the cared-for person has an individual development plan or a statement of special educational needs—, the local authority responsible for maintaining that plan or statement, or. If more than one local authority is meeting the needs of a cared-for person for care and support under Part 1 of the Care Act 2014 the responsible local authority is the local authority for the area in which the cared-for person is ordinarily resident for the purposes of that Part of that Act. (a)would be a suitable person to represent and support the cared-for person, (b)consents to representing and supporting the cared-for person, and. (3)Condition 2 is that the arrangements are or include arrangements for P to be accommodated in a hospital for the purpose of being given medical treatment for mental disorder.