Agenda item

To consider a report of the Director of Adult Services on progress made implementing the requirements of the Mental Capacity Act 2005 and Deprivation of Liberty Safeguards.

The Director of Adult Social Services submitted an update report regarding the implementation in Leeds of the Mental Capacity Act and, in particular the Deprivation of Liberty Safeguards (DoLS).

At the Scrutiny Board meeting held on 12^th November 2008 Members received a report which detailed the background to both pieces of legislation and relevant background documents, including the Mental Capacity Act (2005), the Mental Health Act (2007) and the Articulate Advocacy Annual Report.  Subsequent to this a briefing note was circulated to all Members of Council as requested by this Scrutiny Board. The report presented for today’s meeting described in more detail the Deprivation of Liberty Safeguards (DoLS) which came into force in April 2009.

Appended to the report were copies of the following documents for the information/comment of the meeting:-

Appendix 1 – A pictorial outline of the process.

Appendix 2 – A detailed flowchart outlining processes.

The Chair welcomed the following officers to the meeting who outlined the report and responded to Members’ questions and comments.

Dennis Holmes, Deputy Director - Strategic Commissioning

David Shields, Programme Manager for the Mental Capacity Act. 

Dennis Holmes highlighted the following main issues in relation to:

·  The Deprivation of Liberty Safeguards (DoLS) and the creation of two new legal entities managing care homes and hospitals.

·  The supervisory arrangements for the six assessments.

·  That both the Local Authority and NHS Leeds were now the Managing Authorities and Supervisory Bodies. 

·  The detailed work the authority had undertaken in conjunction with NHS Leeds to put in place the new structures and processes to support the new statutory requirements.

It was confirmed that the processes in Leeds were in place, were legally compliant  and that overall, the systems in Leeds were well placed with resources in place in terms of assessors, best interest assessors and doctors

and was well regarded regionally.

In brief, clarification was sought in relation to the following issues:

·  The differences between ‘sectioning’ and the Mental Capacity Act.

·  The processes in carrying out the six assessments and their timescales.

·  Clarification on how the Mental Capacity Act and the Deprivation of Liberty Safeguards would effect those residential homes/nursing homes where doors were often locked for the safety of some individuals.

·  Clarification on how the assessment process would work for those individuals living alone out in the community with no family support and yet they may help due to having a personal problem with alcohol.

Members expressed their concern at the lack of support for those individuals detained under the Mental Health Act and then released into the community.

It was felt that this would be a potential item for the successor Board to consider.

The Chair thanked Officers for their attendance.

RESOLVED -

(a)  That the contents of the report and the key features highlighted in it, the progress made to implementation and the plans being progressed to   raise awareness more widely in the city, be noted.

(b)  That a further update report be submitted later in the year.