September 2008 Leicestershire Learning Disabilities Partnership Board.

The Mental Capacity Act 2005Deprivation of Liberty

(being kept in a care home or hospital where staff make all the big decisions)

Ian Chennery

Mental Capacity Act Implementation  Programme Manager

0116 305 6322 ichennery@leics.gov.uk

September 2008 Leicestershire Learning Disabilities Partnership Board.

What I will talk about• What is Deprivation of

Liberty?• What do we mean by

‘capacity’?• What does ‘restraint’ mean?• What will the new law do?• Who will the new law help?• 2 important things about the

new law• Where to get more information.

September 2008 Leicestershire Learning Disabilities Partnership Board.

What is Deprivation of Liberty?• Deprivation of liberty is when

services stop someone being as free as possible.

• This could be someone who is living in a care home, or in hospital, and is not allowed to leave when they want.

• It could be when someone else decides who can visit you and when they can visit.

September 2008 Leicestershire Learning Disabilities Partnership Board.

• It could be when someone else decides when you get up.

• It could be when someone else decides what activities you do and when you do them.

• It could be when someone else decides who you spend your time with.

The new law is about deprivation of liberty for people who do not have the capacity to make decisions about their life.

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September 2008 Leicestershire Learning Disabilities Partnership Board.

• When someone does not have capacity, they do not understand what is happening to them.

• They are not able to say what they want to happen to them.

• Other people have to make some or all decisions for them.

• This only affects a very small number of people.

What do we mean by ‘capacity’?

September 2008 Leicestershire Learning Disabilities Partnership Board.

What does ‘restraint’ mean?Sometimes a person might need to be

stopped from doing something, to keep them safe.

• For example, they might not be able to go out without support, because they are not safe crossing the road.

Or a person might be made to do something to keep them safe.

• For example, they might be made to take some medication, even if they don’t want to, because it will keep them healthy.

The important thing to remember is that any kind of restraint must be as little as possible, for the shortest time possible.

September 2008 Leicestershire Learning Disabilities Partnership Board.

What the new law will do.The new law will make sure that

people who can not say what they want

• Are as free as possible, but still kept safe

• Have good health care and health services to look after them.

• Are able to choose what happens to them as much as possible

• Are properly protected by the law.

September 2008 Leicestershire Learning Disabilities Partnership Board.

• It will make sure that if someone is kept in hospital or care home it is in their best interest.

• When someone makes a decision in your best interest, it means what is best for you, not for them.

• To work out what is on your best interests they must listen to you, ask people who know you well and make sure you are involved.

September 2008 Leicestershire Learning Disabilities Partnership Board.

• The new law will help hospitals and care homes, health and social services.

• It will show them how to provide good services for people who can not say what they want.

• It will make sure services do what is best for the person.

September 2008 Leicestershire Learning Disabilities Partnership Board.

Who the new law will help.• The law will protect people in care

homes or hospitals.• It will protect people who are 18 or

older, and• Who do not have the capacity to make

decisions about their care and support, and

• Can not say what they want, and• Have had an assessment that says

they should be kept in hospital or in a care home and not allowed to leave, to keep them safe.

This will only be a very few people.

September 2008 Leicestershire Learning Disabilities Partnership Board.

• The new law will mainly be used for people with serious learning disabilities

• And some older people with serious mental health problems

• And some people who have had accidents to their heads.

The new law will be part of the Mental Capacity Act.

September 2008 Leicestershire Learning Disabilities Partnership Board.

2 important things about the new law

The new law says that it must be an independent person (not the person’s social worker or their doctor) who makes decisions about

• what is in the person’s best interest (what is best for them)

• and about deprivation of liberty (stopping them from being as free as possible)X X

September 2008 Leicestershire Learning Disabilities Partnership Board.

• And the new law says that the person must have a representative

• This is someone who is chosen to look after the rights of the person

• It will usually be someone from their family, a carer or a friend

• The representative can ask the Court of Protection to check if the person should be in a hospital or care home

September 2008 Leicestershire Learning Disabilities Partnership Board.

For more information• The Department of Health

have written an easy to read booklet about the new law.

• You can get it from their website http://www.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsPolicyAndGuidance/DH_062995

Pictures from CHANGE Picturebank, the Leicester Symbols Project and Through the Maze