MHA report highlights danger for vulnerable patients
16:09 - 05/08/2010
MHA report highlights danger for vuln...
A recent report issued by the Mental Health Alliance (MHA) warns that the Deprivation of Liberty Safeguards, which are designed to protect vulnerable people from being deprived of their liberty unnecessarily, are not being implemented correctly and are widely underused.
The Deprivation of Liberty Safeguards (DoLS) were introduced in April 2009 as an addition to the Mental Capacity Act 2005. The safeguards were intended to prevent people who lack mental capacity from being deprived of their liberty inappropriately by those providing their care, and they require service providers to apply for authorisation before depriving someone of their liberty.
Charlotte Potter, Head of Quality and Curriculum at First Response Training, says: “It is important that health and social care providers are well-versed in mental health legislation so that they are able to deal appropriately with situations relating to mental capacity and can provide the best possible care for vulnerable patients. The Deprivation of Liberty Safeguards are extremely important as they prevent people from being held against their consent unless it is absolutely necessary and in their best interest.”
However, upon reviewing the implementation of the safeguards, the MHA have found that applications for authorisation are not being submitted at the rate predicted and that there are huge disparities in the way in which the measures are implemented by different settings. Overall, they have found that there is widespread misunderstanding of the legislation, which could be putting people’s human rights at risk.
The Mental Health Alliance states that care professionals should be educated in the Mental Capacity Act and that further training should focus on improving delegate’s knowledge of the legal requirements behind DoLS.
Charlotte Potter agrees: “Health and social care workers need to have a comprehensive overview of the Mental Capacity Act and good background knowledge to the Deprivation of Liberty Safeguards as well as a thorough understanding of their roles and responsibilities. We have training courses which can provide both.”
“We can provide training in Mental Capacity Awareness and the Deprivation of Liberty Safeguards. This report from the Mental Health Alliance has highlighted the fact that these safeguards are not being implemented correctly, and the confusion surrounding the legislation has made it clear that proper training in this area is very important.”
“For instance, many domiciliary care providers feel that the safeguards do not affect them, because they are designed for residential settings, but if a person that they care for is admitted to hospital, or goes into a residential home for respite care, they then come into the jurisdiction of DoLS. It is a complex issue and needs to be handled with care and appropriate training.”
Indeed, the widespread confusion regarding the safeguards has led the MHA to recommend that the Government conduct a thorough analysis of the implementation procedure, revise the associated guidance and continue the education process.
For more information of the training that First Response can provide, please call us today.
The Deprivation of Liberty Safeguards (DoLS) were introduced in April 2009 as an addition to the Mental Capacity Act 2005. The safeguards were intended to prevent people who lack mental capacity from being deprived of their liberty inappropriately by those providing their care, and they require service providers to apply for authorisation before depriving someone of their liberty.
Charlotte Potter, Head of Quality and Curriculum at First Response Training, says: “It is important that health and social care providers are well-versed in mental health legislation so that they are able to deal appropriately with situations relating to mental capacity and can provide the best possible care for vulnerable patients. The Deprivation of Liberty Safeguards are extremely important as they prevent people from being held against their consent unless it is absolutely necessary and in their best interest.”
However, upon reviewing the implementation of the safeguards, the MHA have found that applications for authorisation are not being submitted at the rate predicted and that there are huge disparities in the way in which the measures are implemented by different settings. Overall, they have found that there is widespread misunderstanding of the legislation, which could be putting people’s human rights at risk.
The Mental Health Alliance states that care professionals should be educated in the Mental Capacity Act and that further training should focus on improving delegate’s knowledge of the legal requirements behind DoLS.
Charlotte Potter agrees: “Health and social care workers need to have a comprehensive overview of the Mental Capacity Act and good background knowledge to the Deprivation of Liberty Safeguards as well as a thorough understanding of their roles and responsibilities. We have training courses which can provide both.”
“We can provide training in Mental Capacity Awareness and the Deprivation of Liberty Safeguards. This report from the Mental Health Alliance has highlighted the fact that these safeguards are not being implemented correctly, and the confusion surrounding the legislation has made it clear that proper training in this area is very important.”
“For instance, many domiciliary care providers feel that the safeguards do not affect them, because they are designed for residential settings, but if a person that they care for is admitted to hospital, or goes into a residential home for respite care, they then come into the jurisdiction of DoLS. It is a complex issue and needs to be handled with care and appropriate training.”
Indeed, the widespread confusion regarding the safeguards has led the MHA to recommend that the Government conduct a thorough analysis of the implementation procedure, revise the associated guidance and continue the education process.
For more information of the training that First Response can provide, please call us today.
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