Archived decisions
Hampshire County Council Safe and Healthy People Select Committee Item 7 18 January 2008 Mental Capacity Act 2005: progress of implementation in Hampshire Report of the Director of Adult Services |
Contact: Lucy Butler 01962 847213 [email protected]
1. Summary
1.1 This report provides a briefing on the progress of implementation of the Mental Capacity Act 2005 in Hampshire. There is a summary of the content of the Act and the mechanisms for implementation, followed by more detail about progress, the recent amendment to the Act for Deprivation of Liberty Safeguards and the impact and implications of the Act.
1.2 Implementation of the Mental Capacity Act 2005 impacts on the delivery of the following Corporate Priorities:
a) Hampshire safer and more secure for all: through application of the Mental Capacity Act to protect people who lack capacity and ensure that their best interests are the paramount consideration and potential use of the new criminal offence of ill treatment or neglect of someone who lacks capacity.
b) Maximising wellbeing: particularly through the principles of the Act, which promote the rights of people who lack capacity to be supported in making their own decisions as far as possible and state that any decisions or actions made on their behalf should be in their best interests and the least restrictive possible. These principles underlie all work in relation to people lacking capacity, who are some of the most vulnerable in society.
2. Recommendations
a) That the Safe & Healthy People Select Committee are asked to note and comment on the contents of this report.
3. Background
3.1 Summary of Mental Capacity Act 2005
3.1.1 The Mental Capacity Act 2005 enshrines in statute current best practice and common law principles concerning people who lack mental capacity and those who take decisions and actions on their behalf. The Act came into force fully in October 2007 and is underpinned by five key principles:
a) presumption of capacity
b) right for individuals to be supported to make their own decisions
c) retention of the right to make what might be seen as eccentric or unwise decisions
d) best interests
e) least restrictive intervention.
3.1.2 The Act deals with the assessment of a person's capacity and decisions and acts by carers of those who lack capacity. The following instruments are introduced:
a) a single clear test for assessing whether a person lacks capacity to take a particular decision at a particular time
b) advance statements allow wishes and feelings to be recorded, which must be considered by those assessing capacity and making decisions
c) statutory status for advance decisions to refuse treatment
d) clarification of which acts can be undertaken on behalf of the person who lacks capacity, without incurring legal liability
e) lasting power of attorney (LPA) which allows a person to appoint an attorney to act on their behalf if they lose capacity in the future, in relation to financial, health and welfare decisions (an expansion of existing enduring powers of attorney (EPAs) which only relate to financial decisions
f) court appointed deputies to replace the current system of receivership in the Court of Protection: a deputy will be appointed if the Court cannot make a one-off decision to resolve the issues in a situation, in order to take decisions on welfare, healthcare and financial matters
g) new Court of Protection
h) new Public Guardian to register LPAs and deputies
i) role of Independent Mental Capacity Advocate (IMCA), appointed to support a person who lacks capacity but has no one to speak for them when specific serious decisions are being made for the person: local authorities were allocated ongoing resources to commission the IMCA service, jointly with health partners, and the service began on 1st April 2007
j) new criminal offence of ill treatment or neglect of a person who lacks capacity, with a punishment of up to five years imprisonment
k) clear parameters for research involving people who lack capacity
l) a comprehensive Code of Practice which professionals and others operating the Act have a duty to comply with.
3.1.3 There is an amendment the Mental Capacity Act 2005 coming into force in April 2009 concerning Deprivation of Liberty safeguards, to ensure that people who lack capacity and are deprived of liberty in hospital, nursing and residential care homes have the same safeguards as people who are sectioned under the Mental Health Act 1983.
3.2 Implementation of the Mental Capacity Act 2005
3.2.1 Hampshire Adult Services Department has had an implementation group representing all care groups and sectors of the department since mid 2006 which has worked to ensure that Hampshire County Council implements the Act fully, chaired by the Strategic Commissioning Director for Mental Health. Since October 2007 this group has combined with the implementation group for the Mental Health Act 2007 and is focusing on the Deprivation of Liberty safeguards implementation.
3.2.2 Local authorities were also tasked by the Department of Health to establish local implementation networks (LIN) across the health and social care community to commission the IMCA service, to implement an interagency training plan and to ensure that implementation is supported through partnership working. The Hampshire LIN has been meeting since November 2006, chaired by the Adult Services project manager for Mental Capacity Act implementation.
3.2.3 The body of this report details progress with implementation of the Act to date and plans for implementation of Deprivation of Liberty safeguards.
4. Progress of implementation in Hampshire
4.1 The latest version of the implementation plan for the Mental Capacity Act 2005 is attached, which was developed from the Department of Health best practice tool for the Act. The main areas of progress are as follows:
4.1.1 Internal training strategy: team and unit managers have now attended briefing and training sessions, all teams have a lead member and they will all have attended a training course and train the trainer session by March 2008 enabling them to deliver briefing sessions to their teams and act as information points.
4.1.2 Local Implementation Network (LIN) has been meeting since November 2006, involving NHS acute hospital trusts, Hampshire PCT, voluntary and independent sector organisations, Hampshire Constabulary. Training grant monies were used to recruit a training project manager and support officer for the interagency training plan and they have been working very successfully with partner agencies to roll out train the trainer sessions and higher level training.
4.1.3 A new chapter was added to the Care Management Practice manual and has been available on Hantsnet, Hantsweb and SWIFT since April 07, in addition to a toolkit for Mental Capacity Act assessment and best interests decision making.
4.1.4 Unit polices and procedures were also updated to reflect the Act by July 07.
4.1.5 There are dedicated Mental Capacity Act pages on Hantsnet and Hantsweb, and the latter have been set up as a resource centre for all partner agencies.
4.1.6 The IMCA service has been operated by HARG (Hampshire Advocacy Regional Group) since 2nd April 07, they had received 83 enquiries up till October 2007, of which 28 have been accepted as legitimate IMCA referrals.
4.1.7 Updates have been completed for procedures concerning research, adult protection, finance, complaints, recording and information sharing.
4.1.8 A Mental Capacity Act development manager has been recruited, to take up post at the end of February 2008, to provide practice advice, network and support to team leads and development work for the Act and the Deprivation of Liberty safeguards.
5. Deprivation of Liberty Safeguards
5.1 As stated above, the Deprivation of Liberty safeguards (DOLS) come into force in April 2009 and they will introduce the following additional responsibilities for Hampshire County Council:
5.1.1 To act as the supervisory body for care homes where the person concerned has ordinary residence in Hampshire or, where they have no ordinary residence, the care home is located in Hampshire:
a. To receive applications for standard and urgent authorisations to deprive someone of liberty from managing authorities of care homes
b. To obtain relevant assessments within 21 days and appoint an IMCA until representative is appointed, and/or between representatives
c. Note: assessments must be carried out by qualified social workers, nurses, doctors, psychologists or occupational therapists
d. To give authorisation if it is indicated, specify its duration, attach conditions and give notice in writing, and appoint a representative, paid if the person has no-one who can act in this capacity
e. To review the authorisation as requested
5.1.2 To act as the managing authority for in-house care homes:
a. To consider routinely whether someone has capacity to consent to their care arrangements and whether their actions are likely to result in a deprivation of liberty
b. To request authorisation from the supervisory body in advance of the deprivation of liberty, except in an emergency, and implement it when granted
c. In an emergency to obtain standard authorisation within seven days of the start of the deprivation of liberty
d. To request a review of authorisation where there has been a significant change in circumstances
5.1.3 The numbers of people that these safeguards will affect has not yet been accurately scoped, although a report to DMT in August 2005 estimated that there could be approximately 725, based on the proportion of people admitted to care homes who lack capacity and who may currently be deprived of liberty. Those figures were based on placements arranged by Hampshire County Council and it is now clear that the safeguards will also apply to privately arranged placements. Therefore much more detailed work is needed to provide accurate figures and the earlier report suggested that an audit should be commissioned from the Performance and Business Management section. Whatever the size of the relevant population, there will be significant work involved in setting up the systems to operate both as a supervisory body and as a managing authority. The attached action plan details the plans to carry this work forward.
6. Impact and Implications
6.1 Legal
6.1.1 The Act protects staff from liability for any decisions or acts they carry out on behalf of people who lack capacity, provided that they have abided by the principles, have a reasonable belief that the person lacks capacity and a reasonable belief that the decision or act is in the person's best interests. It is vital therefore that staff are sufficiently well trained and provided with practice advice in order to minimise the risk of legal challenge, hence the training strategy and introduction of the Mental Capacity Act development manager post.
6.1.2 Hampshire County Council legal services provide advice as necessary to staff about the Act and will support them in proceedings with the Court of Protection, however the development manager will gate keep access to legal services to ensure that they are not overloaded with enquiries.
6.2 Financial
6.2.1 The following Mental Capacity Act grants were notified in Local Authority Circular 2006 (15):
a) Mental Capacity Act Training Grant: 06/07 £77,428, 07/08 £77,428
To be used to train staff across the LIN area to understand the implications of the Act and be able to act accordingly: all relevant staff in social services, housing, other local authority departments, NHS, independent and voluntary sector health and social care providers
b) IMCA Service Grant: from 07/08 onwards £116,000 expected annually
Service to be jointly commissioned with Health partners, to be in operation from 2nd April 2007
c) IMCA set up Grant: 06/07 £38,669
To be used for commissioning costs and providing funds to the service provider for training, developing systems and protocols
d) Mental Capacity Act Grant (general): from 07/08 onwards £68,029 expected annually
To be used to increase local authority staff time needed for assessment of capacity, case conferences and best interests decisions.
6.2.2 See attached schedule of expenditure against these grants to date.
6.2.3 Further Mental Capacity Act grants were notified recently in Local Authority Social Services Letter (DH)(2007) 2. Hampshire will receive the following funds:
a) 2008/09: £433,000
b) 2009/10: £549,000
c) 2010/11: £530,000
6.2.4 The grants will be in one lump sum rather than separate grants as above, but the monies are to be used for the continued provision of interagency training programmes, the IMCA contract and any expansion necessitated by the Deprivation of Liberty safeguards (DOLS), ongoing costs of implementation for local authorities and training and implementation costs for DOLS.
6.2.5 The cost of internal training is the most significant financial impact beyond the grant expenditure, and the sum of £27,930 has been provided from the Learning and Development 2007/08 budget, with a further contribution due in 2008/09.
6.3 Personnel
6.3.1 A mental capacity lead has been identified in each team to receive training and disseminate information to the team.
6.3.2 A range of staff will need to be made aware of the major impacts of the Act on practice, including team managers, care managers/co-ordinators, support workers, home care workers and residential care assistants.
6.3.3 Relevant staff will need to incorporate into their care management practice: assessment of mental capacity and best interests, use of IMCAs, applications to Court of Protection, knowledge of lasting power of attorney and court appointed deputy roles.
6.3.4 The Director of Adult Services is likely to be appointed as a court appointed deputy for health and welfare decisions in addition to the financial responsibilities held currently as Receiver under the Mental Health Act 1983.
6.3.5 Contract support officer time is needed to monitor and review the IMCA service.
6.3.6 Learning & Development time is needed to implement the training strategy.
6.3.7 Communication officer time is needed to implement the communications strategy, including web pages on Hantsweb, briefings to staff, health and voluntary sector partner organisations, leaflets for service users, carers, staff, public and partners.
6.3.8 Legal services time is needed to review the impact of the Act on current practices and to ensure that advice and procedures written for staff are correct, and to provide ongoing case advice
6.3.9 There is a new full time post of Mental Capacity Act development manager to provide practice advice, networking of team leads and development work.
6.3.10 The project manager for implementation is provided through a half time post from the Mental Health Commissioning Team.
6.3.11 For Deprivation of Liberty safeguards there is likely to be a need for new staffing for administration of the system and there will be additional duties for existing staff in respect of carrying out relevant assessments. Until the planned scoping exercise is completed the scale of this impact cannot be estimated.
6.4 Impact Assessment
6.4.1 A race and equalities impact assessment was completed in April 2007, when the first part of the Act came into force, and it is due for review in April 2008. The main points were as follows:
a) It is not thought likely that the implementation of the Mental Capacity Act will discriminate unlawfully, particularly as its' whole purpose is to better represent and improve access for people who lack capacity
b) However, it is not yet known whether particular groups will be excluded from the Act's benefits or denied fair and equal access
c) Analysis of data should begin as soon as possible once the Act is in force, to establish whether the hypothesis that the implementation will have a positive rather than negative impact on equalities can be tested and substantiated, and to undertake any corrective measures if implementation of the Act leads to any inequity of service access and provision
d) All staff training on MCA should address equality issues
6.4.2 An impact assessment is due to be completed for the Deprivation of Liberty safeguards by the implementation date of April 2009.
7. Conclusion
7.1 Significant progress has been made in Hampshire in terms of implementation of the Mental Capacity Act currently in force, both internally and in work across the county with our partner agencies. It will be important to monitor continued progress and audit the effects of the Act on practice. Notification of future funding intentions means that we can expand the good work already begun with interagency training and plan ahead for the implementation work needed for the Deprivation of Liberty safeguards.
LINK(S) TO CORPORATE STRATEGY | ||
Yes |
No | |
Hampshire safer and more secure for all |
_ |
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Maximising well-being |
_ |
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Enhancing our quality of place |
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Section 100 D - Local Government Act 1972 - background documents
The following documents discuss facts or matters on which this report, or an important part of it, is based and have been relied upon to a material extent in the preparation of this report.
NB: the list excludes:
1. Published works
2. Documents which disclose exempt or confidential information as defined in the Act.
Mental Capacity Act implementation plan
Deprivation of Liberty Safeguards action plan
Budget plan for Mental Capacity Act grants (all attached)
Implementation plan for Mental Capacity Act across Hampshire Adult Services: Version 10
incorporating details from and reference to the DH Best Practice Tool, should be read alongside that document
Task |
Responsibility |
Timescale |
Cost |
Progress | |
1 |
Training |
||||
1.1 |
Needs assessment of training required for care managers/co-ordinators, managers, other staff: how many will need training and at what level of detail (topics will include assessment and recording of mental capacity, risk, best interests, use of IMCAs, dealing with conflicts, applications to COP, LPA and CAD roles, Bournewood proposals) (BPT 32) Qualified member of each team to be identified, trained and take lead across care groups |
L & D: Sara Wilson to liaise with strategic training groups for LD, PD, HC, MH; Team managers |
By Nov 06, to ensure training can go into calendar for next year By end June 07 By end Mar 08 |
G - finalised meeting of 28th Nov G A | |
1.2 |
Create strategy for HAS MCA training programme, including DH training toolkits, Training the Trainers when they become available (BPT 33), `Mental Capacity Act' course from calendar, resource pack for team managers, roadshows, posters, Messenger (Decision taken not to use e-learning option but to maximise benefit of web pages) All linked to interagency training plan to spend DH training grant Commission HAS training |
L & D: Sara Wilson; Catherine Pascoe, Paula Hallam, Peter Carlow, Stevie Jennings, Alison Ridley, Carolyn Chance Paula Hallam, Nikki Griffiths |
Sept - Nov 06 Plan to DH by 12th Jan 07 Nov 06 - Dec06 |
£154k (MCA training grant) |
G G G |
1.3 |
Provision of HAS training for team managers including some HPT CMHT reps Unit managers and team leads Other staff through use of resource pack (funded by MCA grant) |
Commissioned trainers |
Jan - Jun 07 April - Mar 08 July 07 ongoing |
£27,930 (L&D budget) * See break down |
G - all TMs by end Jun 07 A A |
1.4 |
Recruit training co-ordinator & admin for interagency training plan Co-ordinate interagency training steering group to oversee planning and provision of training |
Nikki Griffiths Paula Hallam Jem Mason |
Jan 07 Apr 07 ongoing |
(Part of MCA training grant) |
G - in post end Mar/beg Apr 07 G - ongoing |
1.5 |
Scope training needs of staff in HCC beyond care management and provider services, include in provision from interagency training plan |
Sara Wilson, Paula Hallam, MCAIG |
Jan - Jun 07 |
G - ongoing, links in SP & Children's services Jun 07 | |
2 |
Care Management |
||||
2.1 |
Make necessary changes to Care Management processes including Care Management Competencies |
Alison Ridley, Jan Hoggarth |
By Mar 07 By Mar 08 |
£8,000 (IMCA grant) |
G - on Hantsnet/ hard copies end Mar 07 A - ongoing |
2.2 |
Update Care Management Practice Manual and produce stand -alone version of following additions, for staff not accessing manual: · Statement setting out principles and values underpinning work with people who lack capacity (BPT 1) · Guidance on which service users lack decision-making capacity (BPT 3) · Guidance on how all staff will be required to assess mental capacity of service users to make decisions (BPT 5) · Guidance on how staff determine the "best interests" of service users who lack capacity (BPT 6) · Set out the restrictions and limitations of the acts that staff can take in the "best interests" of service users (BPT 7) · Guidance on resolving disputes in matters of capacity (BPT 11) · Guidance on which decisions cannot be made on behalf of someone who lacks capacity (BPT 15) · Guidance on referring capacity matters for a declaration by the new COP (BPT 12, 20) |
Alison Ridley, Jan Hoggarth & John Ripley & Peter Langley & Jennifer Watts & John Ripley & Jennifer Watts & John Ripley |
By Mar 07, ready for training beg Apr 07 |
See 2.1 |
G - online and hard copies available from Apr 07 |
2.3 |
Undertake Race & Equalities Impact Assessment: for implementation of MCA For IMCA service |
Paula Hallam, Alison Ridley, Geoff Woollan |
By Feb 07, to allow time for any actions to be taken |
G - submitted to Hantsnet May 07 G - completed | |
2.4 |
Develop policy on Advance directives/statements/living wills - liaise with HPT who are already working on this (BPT 14) |
Gill Nother |
(HPT draft by end Sept 06) By Oct 07 -draft |
A | |
2.5 |
Develop formals tool for use in assessment of capacity and determining best interests, joint agency if possible |
Alison Ridley, Jan Hoggarth |
Apr 07 |
See 2.1 + £1025 printing (MCA grant) |
G - HCC paper & SWIFT forms available from April 07 |
2.6 |
Agree mechanism for practice advice - county lead or local practice leads - decided county lead Development Manager Appoint MCA development manager (delayed by recruitment probs), support in post, develop network of team leads |
Jan Hoggarth, Alison Ridley, Paula Hallam |
April 07 Jan 08 From Sept 07 |
G G - takes up post 25th Feb 08 G - 1st end Oct | |
2.7 |
Produce a plan for how many staff will need to have "regard to the Code" and therefore copies of the Act, the Code of Practice and the Regulations (BPT 2, 25) Purchase copies of Act, Code of Practice & Regulations for all necessary staff |
Paula Hallam to lead AGREED ONE CODE PER TEAM |
Mar 07 Oct 07 |
£3000 (MCA grant) |
G - Apr 07 G - delivery awaited from DH |
3 |
Information and communication |
||||
3.1 |
Ensure relevant briefings for HCC, HPT, PCTs etc are distributed |
Paula Hallam |
As needed |
G - ongoing | |
3.2 |
Ensure relevant staff have received a briefing of the aspects of the draft Code with most relevance to the organization (BPT 24) |
Paula Hallam: email all staff |
End Sept/early Oct 06 |
G - Hantsnet pages, ongoing | |
3.3 |
Disseminate the brief summary of the MCA produced by the Mental Capacity Implementation Programme to all relevant staff, service user and carer organisations, also information about the Easy Read summary, the newsletter and the PowerPoint presentation (BPT 28 - 31) |
Paula Hallam: email all staff, contact with Maria Milton & Geoff Woollan |
End Sept/early Oct 06 |
G -Hantsnet pages launched early November Publications from Jan 07 | |
3.4 |
Ensure relevant staff are aware that existing EPAs will endure once MCA is implemented and that existing receivers will become deputies (BPT 22, 23) |
Paula Hallam: email all staff |
End Sept/early Oct 06 |
G - Hantsnet pages launched early Nov 07 | |
3.5 |
Develop website with links to DCA/DH material - joint or HCC? Probably Hantsweb |
Carolyn Chance (CT) with input from MCAIG |
By April 07 |
G - Hantsweb pages launched Mar 07 | |
3.6 |
Ensure information sharing protocols allow relevant access to health and social care information, for the purposes of operating the MCA, for CADs, IMCAs, also COP via the Receivership Unit and any other relevant person |
Chris Hammond Les Sharpe Jane Lawson Jennifer Watts |
By April 07 |
G - revised records management procedure Mar 07 | |
3.7 |
Ensure readiness to provide information to OPG, if requested (BPT 21) |
As above |
By April 07 |
G | |
3.8 |
Amend recording procedure to set out how staff record their activities and information relevant to work with people who lack capacity, including any standard documentation, disseminate (BPT 9) |
Chris Hammond Stevie Jennings ref John Ripley |
By end Mar 07 |
G - MCA chapter in Care Mgmt practice manual & toolkit Mar 07 | |
3.9 |
Assessment and resolution of IT issues: recording of mental capacity and risk assessments, advance statements, use of IMCAs, Director as CAD, existence of LPAs on SWIFT and other relevant systems |
Stevie Jennings |
By April 07 |
G - SWIFT updated to include forms and fields Mar 07 | |
3.10 |
Produce information for service users who lack capacity and their carers, ensuring they understand their rights in relation to the MCA and HAS relevant policies and procedures (BPT 4) |
Carolyn Chance (CT), ref John Ripley, MCAIG |
By Oct 07 |
G | |
4 |
Partnership |
||||
4.1 |
Create Local Implementation Network (BPT 36) through partnership work with existing care group networks, Adult Protection Committee, Partnership & Care Training, Carer and User networks: agreement of policies and procedures, awareness-raising with partners and for members of the public, service users and carers |
All members of implementation group Carers helpline |
Ongoing and as needed for particular tasks |
G - meeting since November 06 | |
4.2 |
Put on a day conference in the Autumn for awareness-raising and planning for implementation |
Keith Nieland and subgroup |
By Feb 07 |
R - LIN decided not to do | |
5 |
IMCA |
||||
5.1 |
Produce core specification |
Geoff Woollan |
By July 06 |
G - Aug 06 | |
5.2 |
Identify lead contacts officer: Anne Patey |
Geoff Woollan |
By July 06 |
G - Aug 06 | |
5.3 |
Scope size of target service user group if possible |
Geoff Woollan |
By Aug 06 |
G - Aug 06 (from DH figures) | |
5.4 |
Go out to tender for IMCA service, jointly with local health partners, advertising nationally, involving users and carers: organisations must be able to provide advocacy across care groups; 3 year tender to allow for set up, with annual review (BPT 34, 35) |
Chris Gaston, Geoff Woollan, Anne Patey |
ASAP: service to be in place for April 07 |
£5,000 |
G - provider selected from tender, contract to be signed by end Jan 07 |
5.5 |
Create contingency plan for how IMCAs will be provided, from DH financial allocation, if tendered service cannot be in place by April 07 |
Chris Gaston, Geoff Woollan |
Jan 07 |
G - put in place by provider Feb 07 | |
5.6 |
Create relevant policies and procedures including eligibility, how to access, referral (incl. early referral for hospital discharges to prevent delayed discharge, and for homes closing), engagement protocol between staff and advocates, Bournewood proposals, referral form (BPT 18) |
Chris Gaston, Peter Carlow Ref John Ripley, Alison Ridley |
By Mar 07 |
G - separate section in MCA chapter of Care Management practice manual, published Apr 07 | |
5.7 |
Consult pilot sites if necessary |
Chris Gaston |
Ongoing |
G - report rec'd | |
5.8 |
Communication Strategy for widespread awareness-raising of service, leaflets for different kinds of staff, public, partners, bearing in mind IMCA provider will have a role in this |
Chris Gaston, Communication Team |
By April 07, ongoing |
G - handed over to provider, ongoing | |
5.9 |
Monitor IMCA contract |
Paula Hallam, then MCA Dev't Mgr |
From April 07 |
£116k, from DH |
G - ongoing |
6 |
Research |
||||
6.1 |
Research governance - check fitness of current procedure, amend if necessary, disseminate (BPT 17) |
Rachel Dittrich Mamie Braithwaite |
By Oct 07 |
G - completed Sept 07 | |
7 |
Governance |
||||
7.1 |
MCA Implementation Group to operate to terms of reference and ensure implementation plan is actioned on time |
Paula Hallam Paula Hallam |
11th Sept 06 Ongoing |
G - 11th Sept 06 A | |
7.2 |
MCA Implementation Group to meet regularly and report to HAS DMT and appropriate level in HPT, SABP and PCT (BPT 26, 36), DMT Report |
Lucy Butler Paula Hallam |
Ongoing End Sept 06 |
G - ongoing G - 21st Sept 06, 1st Mar 07, 1st Nov 07 | |
7.3 |
MCA Implementation Group chair to maintain contact with CSIP regional lead (BPT 27, 37) and attend regional network meeting |
Lucy Butler |
Ongoing |
G - ongoing | |
7.4 |
MCA LIN to sign off implementation plan, confirming how centrally provided training monies will be provided, with Director of Adult Services & Director of Finance Updated training plan for 07/08 |
Paula Hallam, Kevin Armstrong Jem Mason |
Mid Dec 06 Jun 07 |
G - MCA1 sent to DH early Jan 07 MCA2 sent Apr 07 | |
7.5 |
Create scheme of delegation for: role of Director of Adult Social Services as CAD, position within new HAS structure (BPT 13) |
Head of Director's office |
Ongoing |
A | |
8 |
Client Affairs Team |
||||
8.1 |
Assess workload implications for Client Affairs Team including Safeguarding Adults arrangements |
John Ripley |
By Oct 07 |
G | |
8.2 |
Take on as many of existing referrals as possible before mid-July, before new rules apply: lack of clarity re fees under new system |
John Ripley |
Mid-July 07 |
G | |
8.3 |
Update Client Affairs web pages on Hantsnet to reflect new processes required under MCA |
John Ripley |
By End Oct 07 |
A | |
8.4 |
Develop system of best interests conferences to be held before making decisions about deputyship |
John Ripley |
By Jan 08 |
A | |
8.5 |
Update EPA procedures/create new LPA procedures to include finance & health/welfare decisions, new methods of operation, including that EPAs will endure and do not need to become LPAs (BPT 10, 22) FLOWCHART |
John Ripley |
By End Oct 07 |
G | |
8.6 |
Produce guidance on use of COP, including information that existing receivers will become deputies (BPT 13, 20, 23) and role of OPG (BPT 21) |
John Ripley |
By End Oct 07 |
G | |
9 |
Finance |
||||
9.1 |
Update the Finance Manual to reflect changes from receivers to deputies and EPAs to LPAs |
Kevin Armstrong John Ripley |
By Apr 07 |
G - online 30th Apr 07 | |
9.2 |
Revise or create procedure setting out how staff pay for goods and services for, and handle the money of, service users who lack capacity, disseminate (BPT 8) |
Kevin Armstrong |
By Apr 07 |
G - see above | |
10 |
Legal issues |
||||
10.1 |
Identify legal issues of MCA |
Legal services, members of MCAIG |
ASAP |
G - ongoing | |
10.2 |
Address legal issues |
Legal services |
Ongoing |
G - ongoing | |
10.3 |
Make all relevant staff aware that the MCA has introduced a new criminal offence of ill-treatment or willful neglect of a person lacking capacity (BPT 19) |
Legal services/ Jennifer Watts |
By end Dec 06 |
G - on Hantsnet pages from early Nov | |
11 |
Other |
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11.1 |
Ensure adult protection procedures reflect relevant issues in code of practice and update if necessary |
Jane Lawson |
By Oct 07 |
G | |
11.2 |
Use of government self assessment tool to assess readiness for implementation |
Implementation group |
Ongoing |
G | |
11.3 |
Complaints procedure - check fitness of current procedure to deal with disputes under MCA, amend if necessary and disseminate (BPT 11) |
Peter Langley |
By Oct 07 |
G | |
11.5 |
Update ASW practice handbook (see chapter 12 of draft MCA code of practice, and look at comparison of LPA role and Guardianship) and await alterations for Deprivation of Liberty proposals (BPT 16) |
Paula Hallam/ Jason Brandon |
By Mar 08 |
A | |
11.6 |
Update contracts to specify that providers must abide by MCA |
Paula Hallam Alan Edwards |
By Oct 07 |
A - meeting with Alan Edwards 14th May 07, legal advice needed |
*1.3 Breakdown of training costs:
Trainer & venue: £15,400
Administration: £ 1,400
Commissioning: £ 6,300
Delegate travel estimate £ 4,830
Abbreviations Progress
BPT Best Practice Tool Red (R) - not started
CAD Court Appointed Deputy Amber (A) - under way
COP Court of Protection Green (G) - completed
CSCI Commission for Social Care Inspection
CT Communications Team
DCA Department of Constitutional Affairs
DH Department of Health
DMT Departmental Management Team
DWP Department of Work & Pensions
EPA Enduring Power of Attorney
HARG Hampshire Advocacy Reference Group
HAS Hampshire Adult Services
HC Home Care
HPT Hampshire Partnership Trust
IMCA Independent Mental Capacity Advocate
LD Learning Disability
L & D Learning & Development
LPA Lasting Power of Attorney
MCA Mental Capacity Act
MH Mental Health
OP Older People
OPG Office of the Public Guardian
PCT Primary Care Trust
PD Physical Disability
SP Supporting People
Draft Action Plan for Deprivation of Liberty Safeguards: 10/12/2007 Version 3
Task: HCC as supervisory body |
Responsibility |
Timescale |
Cost |
Progress | |
1 |
Review current Deprivation of Liberty Procedure to ensure it is up to date since implementation of MCA |
PH |
ASAP - completed Nov 2007 |
Green | |
2 |
Respond to DOLS Code of Practice consultation |
PH |
End Nov 2007 |
Green | |
3 |
Local impact assessment: scope size of target service user group if possible, having assessed potential risks; then size of additional workload for in-house assessors and need for administration of systems |
PH/PBM MDM/subgroup |
DMT report 01.11.07, back to DMT in May January - April 2008 |
Amber Initial mtg 22.01.08 | |
4 |
Liaise with PCT about developing joint DOLS processes/ investigate whether PCT would want to delegate its functions to HCC - with DMT steer |
RE/AB LB to raise at MHJCB |
January - March 2008 |
Red | |
5 |
Develop policy and processes for receiving requests for authorisations, carrying out assessments, recording including SWIFT, decision-making, tools, forms, use of assessors, appointment of representatives, reviews, resolution of disputes, investigation of unlawful deprivation of liberty (standard form coming for requests/authorizations - Code of Practice 3.13) |
Subgroup: JH, BE, PH, LF, VO, MDM, SWIFT operational lead, TC |
September 2008 |
Red | |
6 |
Disseminate process to all registered care homes (& hospitals if joint with PCT) - link to training above, include contact centre |
PH/NG/JM/TA MDM RE/AB |
October 2008 - March 2009 |
Red | |
7 |
Decide who can be assessors, how many need training, create system for accessing sufficient skilled/trained assessors when needed Create system to ensure assessors maintain skills and knowledge Identify external best interests assessors for people in HCC provider units |
MHA training subgroup PH to negotiate with LAs, HPT, SABP |
April 2008 September 2008 December 2008 |
Red Red Amber | |
8 |
Create scheme of delegation for authorising deprivation of liberty - standard and urgent |
NP |
October 2008 |
Red | |
9 |
Liaise with PCT/Trusts about access to doctors for mental health assessments and arrangements for fees if applicable |
RE/AB/Trusts (Acute & MH) |
July 2008 |
Red | |
10 |
Liaise with Bournemouth University about training for assessors |
MHA training subgroup |
Ongoing |
Amber | |
11 |
Training needs analysis for awareness raising for HCC staff |
PH/SW/JH/ MDM |
April 2008 |
Red | |
12 |
Implement training programme for HCC staff |
SW/JH/MDM |
Trained by Mar 2009 |
Red | |
13 |
Decide who will be used as representatives for `unbefriended' and consider the possibility of having to commission the service |
Impl Gp/ sub group |
Would have to begin commissioning by beg July 2008 latest |
Red | |
14 |
Assess the potential impact on the IMCA service of providing representation when no representative available and being available to service users and representatives during authorisation, negotiate variation of contract if necessary |
PH/JH/Amanda Kent (IMCA) |
As soon as the Code of Practice is finalised |
Red | |
15 |
Ensure all related polices and procedures are updated including care management manual |
Subgroup |
March 2009 |
Red | |
16 |
Implement audit programme of use of DOLS/outcomes of best interests assessments, for feedback to staff and development of practice, for Members |
MDM, SWIFT operational lead, PBM |
March 2009 |
Red | |
Task: HCC as managing authority |
|||||
17 |
a) Training/awareness raising in registered care homes, in-house b) Consider expansion of MCA interagency training programme to incorporate DOLS training if funding and responsibility received from DH |
PH, VO, DO PH/NG/JM |
March 2009 April 2008 |
Red Amber | |
18 |
Develop policy and processes regarding consideration of consent and deprivation of liberty in care planning, making urgent authorisations & requesting standard authorisations: for unit staff - also for care managers, out of hours staff Ensure all other relevant polices and procedures are updated e.g. locked door |
PH, VO JH VO |
October 2008 |
Red |
Names & Abbreviations
TA Tim Ardill
AB Alex Berry
TC Trisha Casson
ND Neil Dhruev
RE Richard Ellis
BE Barbara Evans
LF Linda French
NG Nikki Griffiths
PH Paula Hallam
JH Jan Hoggarth
JM Jem Mason
DO Derek Oliver
VO Vincent Oliver
NP Nicky Pendleton
SW Sara Wilson
DMT Departmental Management Team
DOLS Deprivation of Liberty Safeguards
HCC Hampshire County Council
HPT Hampshire Partnership Trust
IMCA Independent Mental Capacity Advocacy
MCA Mental Capacity Act
MDM MCA Development Manager
MHA Mental Health Act
MHJCB Mental Health Joint Commissioning Board
PBM Performance & Business Management
SABP Surrey & Borders Partnership Trust