Authorisation can only be granted if a person is unable to decide `whether to be placed in the hospital or nursing home concerned in order to receive appropriate treatment or treatment` (MCA Annex A1, paragraph 15, (39) and if the person does not have a prior refusal of treatment decision (ADRT) and is not subject to a permanent power of attorney; This contradicts the proposed treatment. (MCA Code of Conduct (40) 4.26). When the CQC examined this area (51), it found that although seven of the 13 oversight bodies were actively involved in their regional MCA/DoLS network, one reported only informal contacts with neighbouring authorities and two reported no contact with peer support. It is recommended that local authorities assist the DoLS manager to actively engage with the regional group and to seek other mechanisms for their continuous learning. Monitoring bodies may have a role to play in assessing whether a plan of care or care provided in the Community to a disabled person might approach deprivation of liberty. Their task is to review the care plan and care provided and to obtain an expert assessment in the best interests of whether (a) deprivation of liberty may occur; (b) care could be provided in a less restrictive manner that eliminates the risk of deprivation of liberty; and (c) action before the Court of Protection may be necessary. DoLS ensures that people who cannot accept their care arrangements in a nursing home or hospital are protected if these agreements deprive them of their liberty. Arrangements are considered to determine whether they are necessary and in the best interests of the individual. Representation and the right to object to a withdrawal are other guarantees that are part of DoLS. Are you working with the person, their family and their representative to understand what a licence means to that person and make sure they are aware of their right to request a review at any time? Cumbria County Council (known as the regulatory authority) is responsible for reviewing permit applications, commissioning necessary assessments and, where appropriate, authorising deprivation of liberty.
We believe your parent meets the above criteria. We are therefore required by law to ask Cumbria County Council to send assessors to see your parent to decide whether this is the case. The person does not need to be deprived of liberty during the period of the authorization. Restrictions should end as soon as they are no longer needed. Regulatory bodies that instruct IMCA s39Ds at the beginning of all standard approvals when an individual has appointed a family member or friend as a representative. This gives the person and their representative the opportunity to meet with an IMCA s39D so they can better decide if they need the help of an IMCA at that time or at some point in the future. Section 5 of the Human Rights Act states that “Everyone has the right to liberty and security of person. No one shall be deprived of liberty except in accordance with a procedure prescribed by law. The guarantee of deprivation of liberty is the procedure prescribed by law when it is necessary to deprive a resident or patient who is unable to consent to his treatment and treatment of his liberty in order to protect him from harm. A standard approval comes into effect when it is granted, although it may be granted in advance (within one month) of its application (see Annex A1 (38) 50–53 of the MCA). An authorisation is `granted` when it is signed by the authorising officer and notified to the managing authority, as it is only adopted at that time.
Case law has clarified that the role of an authorization officer is as follows: records should be made available to the service user or his legal representative involved in his care and treatment, for example when a person is unable to make decisions about his care and treatment, as well as staff. Therefore, everyone should know where records are kept and how to access them, and they should be able to contribute if necessary. Any request for access to a person`s records must be made by reference to the requirements of the Data Protection Act 1998. Pursuant to subsection 20(1b) of the Regulations, service providers must maintain appropriate records of the persons employed to provide the service (i.e. personnel records) and the administration of the service. The Regulations do not specify which documents are required for administrative purposes.