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The Law Commission’s Report on Mental Capacity and Deprivation of Liberty: Implications for Care Providers.
This long awaited Law Commission report, just published in March, provides a number of recommendations for improving the current DoLS regime amidst mounting criticism that the existing system is not fit for purpose.
We have been supporting providers to prepare corrections of fact for many years and CQC’s latest approach suggests a positive shift in the direction of providers and a willingness to significantly amend draft reports if sufficient supporting evidence is provided.
Last month there was welcome news for the health and social care sector when Parliament approved an amendment to the Coroners and Justice Act 2009 (“the Act”) clarifying the legal position on when an inquest will be held following the death of someone who was subject to a Deprivation of Liberty Safeguards (“DoLS”) order.
The Local Government Ombudsman (“LGO”) began the year by reminding local authorities of their responsibilities when contracting for placements in privately operated care homes.
Given the large number of care staff recruited from overseas, it is essential that care providers are up-to-date with the new rules.