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Winterbourne View – Where were the Deprivation of Liberty Safeguards?

One of the many things that have been concerning me since the Panorama programme about abuse within the Winterbourne View hospital for adults with learning disabilities was aired was the way that the safeguards implemented under the Mental Capacity Act...

Published 6 Jun 2011 6:45 AM by Fighting Monsters

Filed under: residential care, social care, social work, work, training, mental health, MCA, mental capacity, local authority, politics, long-term care, health, social services, nursing home, social worker, adult protection, mental capacity act, personal, mental health legislation, Best Interests Assessor, best interests assessment, bia, dols, Care Quality Commission, panorama, deprivation of liberty safeguards, winterbourne view, abuse in residential care, adult safeguarding, winterborne
Undercover Care : The abuse exposed – A Review of Panorama

I sat down to watch Panorama yesterday and the trailers and name of the programme were something of a giveaway so I wasn’t exactly unprepared for what was shown. Panorama had been alerted to abuse within Winterbourne View near Bristol, which is a private...

Published 1 Jun 2011 6:57 AM by Fighting Monsters

Filed under: social work, work, mental health, MCA, discrimination, learning disability, local authority, politics, long-term care, health, nurse, hospital, mental health act 1983, mental capacity act, Disability, personal, Abuse, Care Quality Commission, cqc, panorama, burstow, abuse exposed, abuse of vulnerable adults, bristol, castleview, private hospital, section 44, undercover care, winterbourne, winterbourne view
Weekend Links 6

As usual at the weekend now, I’ll just run through some posts that have caught my attention over the week relating specifically to social work and social care. Hessian Pepper at The Small Places has a wonderfully useful summary and … Continue reading...

Published 19 Feb 2011 6:13 AM by Fighting Monsters

Filed under: social work, work, mental health, health, links, mental capacity act, blog, Palliative care
The Decision Maker

Over the week, I have a few posts planned about different aspects of the Mental Capacity Act 2005 – it’s partly because I’ve been asked questions specifically about it and partly because I, personally, find the area enormously interesting. Working, …...

Published 31 Jan 2011 6:23 AM by Fighting Monsters

Filed under: social work, older people, dementia, work, mental health, MCA, old age, long-term care, health, carer, Home Care, nursing home, decision-making, mental capacity act, Mental Capacity Act 2005, Court of Protection, personal, Best Interests Assessor, mca 2005, assessing capacity, decision maker
Rising Detentions

Community Care have a short report about figures were published yesterday by the NHS which indicate that there has been an increase in detentions under the Mental Health Act over the last year. As the article says The numbers of … Continue reading...

Published 6 Oct 2010 5:56 AM by Fighting Monsters

Filed under: social care, social work, work, socialcare, mental health, uk, health, mental health act, hospital, psychiatric hospital, mental capacity act, personal, AMHP
Refusing help

The tragic case of Stephania and Sam Wolf has been in the news over the last day. Without knowing anything but the most cursory details of this particular case, it raises some issues and dilemmas that I am very familiar with and wanted to explore for...

Published 4 Aug 2010 6:26 AM by Fighting Monsters

Filed under: social care, social work, social issues, older people, work, mental health, MCA, local authority, old age, politics, long-term care, uk, health, social services, mental capacity act, Disability, personal, refusal of services, sam wolf, stephania wolf
Briars Retirement Home

Yesterday, as reported in Community Care, Annette Hopkins (owner) and Margaret Priest (manager) , of Briars Retirement Home in Southampton have been found guilty under the Mental Capacity Act of neglect on 10 and 4 counts respectively. It’s an interesting...

Published 1 Jul 2010 6:34 AM by Fighting Monsters

Filed under: residential care, social care, social work, older people, work, MCA, local authority, old age, elderly, long-term care, mental capacity act, personal, Abuse, annette hopkins, briars retirement home, margaret priest, wilful neglect
Capacity and Surgery

There is a case reported in the Telegraph today which I found interesting in relation to my work with the Mental Capacity Act – a generally very positive piece of legislation that has affected so many aspects of the way we work. It is interesting partly...

Published 27 May 2010 6:02 AM by Fighting Monsters

Filed under: social care, social issues, work, mental health, MCA, learning disability, mental capacity act, Court of Protection, consent to treatment, court of protection case law, daily telegraph, sir nicholas wall
No Secrets or No Action?

Yesterday, Community Care reported that as a response to the consultation on changes to the ‘No Secrets’ guidance on Safeguarding Adults published in 2000, Safeguarding Adults Boards will be mandatory for all English local authorities and an inter-ministerial...

Published 20 Jan 2010 6:50 AM by Fighting Monsters

Filed under: social care, social work, social issues, older people, dementia, work, mental health, local authority, old age, politics, elderly, health, community care, adult protection, safeguarding adults, mental capacity act, personal, adult abuse, vulnerable adults, no secrets, sageguarding adults board
The GJ judgement and DoLs

I’m coming back to Best Interests Assessments and DoLs for a while now so excuse my indulgence but it is something that has and is creeping back into my workload after a few ‘dormant’ months and a part of the reason has been the impact of the ‘GJ’ judgement...

Published 14 Dec 2009 6:50 AM by Fighting Monsters

Filed under: social work, older people, work, mental health, MCA, old age, health, mental health act, mental health act 1983, mental capacity act, Mental disorder, Mental Capacity Act 2005, approved mental health professional, personal, AMHP, Best Interests Assessor, bia, dols, Case law, deprivation of liberty safeguards, mental health act primacy, gj v foundation trust, court of protection case law, mental health act v mental capacity act, gj judgement
Capacity to die

This story from the Telegraph today gave me food for thought. Kerrie Wooltorton, age 26, had a history of depression and decided that she wanted to die. She, according to the story, drank poison and then called an ambulance. She had written a note to...

Published 1 Oct 2009 7:32 AM by Fighting Monsters

Filed under: social work, social issues, work, mental health, MCA, suicide, depression, mental capacity act, personal, right to die, Best Interests Assessor, consent to treatment, kerrie wooltorton, gmc, wooltorton, advanced directive, living will
Revisiting Best Interests Assessments

Last week, I carried out a Best Interests Assessment for a man whom I had first assessed six months ago. In fact, he was the first person I had assessed under the new Deprivation of Liberty Safeguards. I had, at that point, recommended that the Deprivation...

Published 22 Sep 2009 6:43 AM by Fighting Monsters

Filed under: social care, social work, social issues, older people, dementia, work, mental health, MCA, local authority, old age, elderly, uk, health, mental health act, mental capacity act, AMHP, Best Interests Assessor, best interests assessment, dols, deprivation of liberties safeguards, deprivation of liberties, old people, section 117, section 117 aftercare
Choice

We have been taught and trained to regard choice and individuality, quite rightly, very highly. Choice is fundamental and giving people choice is a key task in developing strengths. Without allowing choice, we float around in a moral vacuum. Without choice...

Published 14 Sep 2009 6:56 AM by Fighting Monsters

Filed under: social work, social issues, older people, work, mental health, local authority, old age, health, mental health act, social worker, mental health act 1983, mental capacity act, Mental Capacity Act 2005, personal, AMHP, autonomy
My First Best Interests Assessment

Yesterday I completed my first Best Interests Assessment since the relatively new Deprivation of Liberty Safeguards went live on 1 April 2009. In brief these assessments grew from the need to clarify the legal position of those who lack capacity when...

Published 18 Apr 2009 7:06 AM by Fighting Monsters

Filed under: social work, older people, dementia, work, mental health, MCA, local authority, old age, long-term care, assessment, health, mental health act assessment, mental capacity act, Mental Capacity Act 2005, General practitioner, AMHP, Best Interests Assessor, best interests assessment, bia, dols, Care Quality Commission, deprivation of liberties safeguards, dols assessment, deprivation of liberties
Assessing Liberty

Two weeks tomorrow, the Deprivation of Liberties Safeguards went live. As of this week, my borough have had two referrals for assessments. I know this as I was asked to complete the first assessment – after some discussion, gracefully withdrew as although...

Published 14 Apr 2009 6:57 AM by Fighting Monsters

Filed under: social work, social issues, older people, work, socialcare, MCA, local authority, old age, social worker, mental capacity act, Mental Capacity Act 2005, AMHP, Best Interests Assessor, best interests assessment, dols, deprivation of liberties safeguards
Compulsion

The big difference between the work I am doing now and the work I was doing 18 months ago is the role that compulsion plays in my day to day work. A couple of weeks ago, a nursing student came up to our office - her placement is on the attached ward and...

Published 11 Mar 2009 5:30 AM by Fighting Monsters

Filed under: social care, social work, social issues, older people, work, ASW, mental health, MCA, old age, elderly, london, uk, health, mental health act, social worker, mental health act 1983, mental capacity act, Mental Capacity Act 2005, personal, AMHP, mental health act 2007
Assessing Best Interests - part 2

The training continues - it’s a fairly robust one as far as it goes and although it might not be apparent, despite the density of content, I am finding the substance interesting. As promised on the first day of the training, more of the bits and...

Published 20 Feb 2009 5:04 AM by Fighting Monsters

Filed under: social care, social issues, older people, work, socialcare, mental health, MCA, local authority, old age, long-term care, deprivation of liberty, assessment, health, mental health act, hospital, mental capacity act, personal, AMHP, Law, Best Interests Assessor, best interests assessor training, bia, standard authorisation, conditions attached to authorisation, urgent authorisation
Assessing Best Interests - Part 1

So I’m in the middle of a training course at the moment which will enable me to act as a Best Interests Assessor come April. It is fairly intensive training which, quite honestly, left me shattered at the end of the day - although I have to say...

Published 19 Feb 2009 5:35 AM by Fighting Monsters

Filed under: social care, social work, social issues, older people, work, mental health, MCA, local authority, old age, health, mental health act, mental capacity act, Human Rights Act 1998, AMHP, European Convention of Human Rights, Best Interests Assessor, closing the bournewood gap, capacity assessment, best interests assessor training, best interests assessment, bournewood gap, best interests
Looking Back - A Professional View

There are a few general themes that have preoccupied me over the last year. Probably most significantly, has been the change in the Mental Health Act. Although there aren’t actually many of the substantial changes that were initially planned, there...

Published 30 Dec 2008 6:37 AM by Fighting Monsters

Filed under: residential care, social care, social work, social issues, older people, work, ASW, mental health, MCA, old age, elderly, long-term care, mental health act, Southern Cross Healthcare Group, mental capacity act, personal, change, AMHP, responsible clinician
The Interview

We are in the midst of a reconfigure. The desks are shifting at the end of this week. We are (well, those affected anyway) handing over people we have been working with. In one of those funny twists of fate that I partly attract but for which I can’t...

Published 27 Oct 2008 5:33 AM by Fighting Monsters

Filed under: social care, social work, work, socialcare, mental health, mental health act, mental health act 1983, mental capacity act, change, 2005 Mental Capacity Act, job interview, temp
Guardianship - Making decisions

From my earlier posts here and here, I discussed the possible uses of the Mental Health Act and the Mental Capacity Act in a particular scenario. It seemed that in general, the Mental Capacity Act seemed to be offering similar authority as the Mental...

Published 3 Sep 2008 6:21 AM by Fighting Monsters

Filed under: work, mental health, mental health act, approved social worker, mental health act 1983, mental capacity act, Mental Capacity Act 2005, Guardianship, Human Rights Act 1998
Guardianship - What hope for the Mental Capacity Act?

So yesterday, I had found some of the reasons that the Mental Health Act could be used to apply for Guardianship in considering A. The Mental Capacity Act (2005) is fairly new ground - well, over a year now(don’t be fooled by that 2005 thing!) but...

Published 2 Sep 2008 6:13 AM by Fighting Monsters

Filed under: social work, work, ASW, mental health, MCA, local authority, health care, mental health act, mental health act 1983, mental capacity act, Mental Capacity Act 2005, Guardianship, five principles, Court of Protection
Guardianship - or a journey into Section 7 of the Mental Health Act

I was called into one of the CMHT (Community Mental Health Team) meetings last week. It was a bit of a surprise. We don’t tend to go into other peoples’ meetings. It is almost like entering an alternate universe. People have the same roles...

Published 1 Sep 2008 6:25 AM by Fighting Monsters

Filed under: social work, older people, work, ASW, mental health, MCA, old age, elderly, uk, health, mental health act, approved social worker, mental health act 1983, mental capacity act, Mental disorder, Mental Capacity Act 2005, approved mental health professional, Guardianship
Reviewing IMCAs

Yesterday the First Annual Report of the Independent Mental Capacity Advocate (IMCA) was published. I have had some experiences of using IMCAs over the last 18 months but with increasing frequency and it’s probably the same for most of my...

Published 25 Jul 2008 4:58 AM by Fighting Monsters

Filed under: social care, social work, older people, work, mental health, MCA, mental capacity, old age, elderly, long-term care, health, decision-making, imca, independent mental capacity advocate, mental capacity act

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