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The Care Act 2014

Laughing my socks off

By | Mental Capacity Act, The Care Act 2014 | No Comments

Would you expect to go to a conference on the Mental Capacity and Mental Health Acts and have a rip roaring time? Silly question. It’s always lovely to be surprised in life although I would have enjoyed the subject matter either way: On Friday I went to the 2015 Annual Taking Stock conference at the Royal Northern College of Music in Manchester where we heard fascinating updates on areas such as the Care Act and Advocacy, the Law Commission’s proposals for informal incapacitated admissions, and issues with the revised Mental Health Act Code of Practice. As usual I will bullet point what I regarded as the most pertinent insights:

Neil Allen of the wonderful 39 Essex Chambers (for all things mental capacity and Deprivation of Liberty Safeguards, subscribe to their newsletter) asked ‘Informal Incapacitated Admissions, a Bygone Era?’ and answered his own question by stating ‘Yes!’ and walking off stage. it transpires that the Law Commission are attempting to integrate the situation with DoLS into Mental Health Act practice (a quarter of a million people in the UK are currently deprived of their liberty according to Neil). Neil’s view was that the proposals as they currently stand will introduce a kind of Business class service for people who are objecting to their detention (as they would be entitled to better safeguards) and Economy for those who do not object. Surely then this would lead to a ridiculous situation where people would object in order to receive a higher standard of professional attention, which could also impact on entitlement to free 117 aftercare. He urged us to email the Law Commission with our concerns. Read More

The Care Act

By | Paying for Care, The Care Act 2014 | No Comments

I fully approve of the aims of the Care Act which seeks to move service users from a position of passivity to one of empowerment. I think that the suggested care cap on residential care home fees will appease those who see their savings/assets/inheritance swallowed up by the local authority and are deeply unhappy about it (I come across many such people when I am out and about giving talks about the paying for care system, and I sympathise with their situation). Read More